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ENVIRONMENTAL DEFENSE FUND, INC. v. ALEXANDER

Nos. EC 77-53, 77-54-K.

467 F.Supp. 885 (1979)

ENVIRONMENTAL DEFENSE FUND, INC., Committee for Leaving the Environment of America Natural, Glenn H. Clemmer, G. Randall Grace, and F. Glenn Liming, Plaintiffs, National Audubon Society, Birmingham-Audubon Society, and the Alabama Conservancy, Intervening Plaintiffs, v. Clifford R. ALEXANDER, the United States Army Corps of Engineers, and Major General John Morris, Defendants, Tombigbee River Valley Water Management District, Tennessee-Tombigbee Waterway Development Authority, State of Alabama, and Tombigbee Valley Development Authority, Intervening Defendants. LOUISVILLE AND NASHVILLE RAILROAD, Plaintiff, National Audubon Society, Birmingham Audubon Society, and the Alabama Conservancy, Intervening Plaintiffs, v. Clifford R. ALEXANDER, the United States Army Corps of Engineers, and Major General John Morris, Defendants, Tombigbee River Valley Water Management District, Tennessee-Tombigbee Waterway Development Authority, State of Alabama, and Tombigbee Valley Development Authority, Intervening Defendants.

United States District Court, N. D. Mississippi, E. D.

March 12, 1979.

Attorney(s) appearing for the Case

H. M. Ray, U. S. Atty., Oxford, Miss., Hunter M. Gholson, Columbus, Miss., for Tennessee-Tombigbee Waterway Development Authority.

Ralph Pogue, Aberdeen, Miss., for Tombigbee River Valley Water Management Dist.

Jerry L. Weidler, Asst. Atty. Gen., Montgomery, Ala., for State of Alabama.

Jon T. Brown, Stephen E. Roady, Duncan, Brown, Weinberg & Palmer, Washington, D. C., William A. Butler, Environmental Defense Fund, Washington, D. C., James T. B. Tripp, Environmental Defense Fund, New York City, Joseph V. Karaganis, Chicago, Ill., for Environmental Defense Fund, Inc.

William Robertson, U. S. Army Corps of Engineers, Atlanta, Ga., Ken Powers, Dept. of the Army Corps of Engineers, DAENCCK, Washington, D. C., David H. Webb, Asst. Dist. Counsel, Mobile Dist., Army Corps of Engineers, Mobile, Ala., for Army Corps of Engineers.

Barbara A. Babcock, Dept. of Justice, Glenn V. Whitaker, Edward Christenbury, Lewis K. Wise and Lawrence Moloney, Civil Division, Dept. of Justice, Washington, D. C., for Dept. of Justice.

Joseph L. Lenihan, Louisville, Ky., for Louisville & N. R.

MEMORANDUM OF DECISION

KEADY, Chief Judge.

In 1971 a group of environmentalists challenged the validity of the Tennessee-Tombigbee Waterway (TTW), a navigational project in Alabama and Mississippi which Congress authorized in 1946. The original complaint, asserting six causes of action for alleged violation of various statutes, was dismissed with prejudice by the district court. EDF v. Corps of Engineers, 348 F.Supp. 916

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