ECOLOGY CENTER OF LOUISIANA, INC. v. COLEMAN

No. 74-3907.

515 F.2d 860 (1975)

The ECOLOGY CENTER OF LOUISIANA, INC., the Orleans Audubon Society, Inc., the Sierra Club, and the Louisiana Shrimp Association, Inc., Plaintiffs-Appellants, v. William T. COLEMAN, Secretary of the United States Department of Transportation, et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 11, 1975.


Attorney(s) appearing for the Case

J. Arthur Smith, III, Baton Rouge, La., for plaintiffs-appellants.

Michael Osborne, New Orleans, La., for Sierra Club.

John M. Holaham, New Orleans, La., for La. Shrimp Assoc.

Norman L. Sisson, Sharon P. Frazier, Robert J. Jones, Baton Rouge, La., for W. T. Taylor & C. L. Manuel.

John Schupp, Asst. U. S. Atty., New Orleans, La., Kathryn A. Oberly, Edmund B. Clark, Attys., Dept. of Justice, Edward V. A. Kussy, Fed. Hwy. Adm., U. S. Dept. of Trans., Walter H. Johnson, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for defendants-appellees.

Alvin Rudy Eason, Gretna, La., for other interested parties.

Before GOLDBERG and RONEY, Circuit Judges, and LYNNE, District Judge.


GOLDBERG, Circuit Judge:

This case drives us into the bayous of environmental law, the estuaries of the equitable notion of laches, and the swamps of administrative procedure. We are called upon to decide whether plaintiffs have correctly navigated their legal barge through our procedural channels such that their case should have been heard in district court. The trial court was unimpressed with the plaintiffs' chart reading...

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