AVOYELLES SPORTSMEN'S LEAGUE v. ALEXANDER

Civ. A. No. 78-1428.

473 F.Supp. 525 (1979)

The AVOYELLES SPORTSMEN'S LEAGUE, the Point Basse Hunting Club, Inc., the Avoyelles Bass Runners, and the Environmental Defense Fund, Inc., National Wildlife Federation, Inc. v. Clifford L. ALEXANDER, Secretary of the Army, John W. Morris, Chief of Engineers, Colonel Robert H. Moellering, Vicksburg District Engineer, Douglas M. Costle, Administrator of the U. S. Environmental Protection Agency, Adlene Harrison, Regional Administrator of the U. S. Environmental Protection Agency, Elder Realty Company, Inc., Albert Prevot, and H. P. Lambright, Bayou Lafourche, Inc., and Lake Ophelia, Inc.

United States District Court, W. D. Louisiana, Alexandria Division.

June 9, 1979.


Attorney(s) appearing for the Case

Donald R. Wilson, Marksville, La., James B. Tripp, New York City, Michael Osborne, New Orleans, La., F. Walter Conrad, Houston, Tex., for plaintiffs.

William D. Brown, Monroe, La., David B. Beers, Nancy C. Shea, Richard S. Wasserstrom, Washington, D. C., for amici curiae.

Frances Allen, Shreveport, La., Charles K. Reasonover, New Orleans, La., Louis D. Curet, Baton Rouge, La., Dan E. Melichar, Alexandria, La., Joseph S. Cage, Shreveport, La., for defendants.


OPINION

NAUMAN S. SCOTT, Chief Judge.

Plaintiffs1 brought this declaratory and injunctive action alleging that land-clearing operations being carried on by the private defendants2 have and will: alter and modify the course, condition and capacity of the navigable waters of the United States in violation of § 10 of the Rivers and Harbors Act of 1899, 33 U.S.C.A. § 403; result in the discharge...

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