HART & MILLER ISLANDS v. CORPS OF ENGINEERS, ETC.

Nos. 78-1911, 78-1912 and 79-1037.

621 F.2d 1281 (1980)

HART AND MILLER ISLANDS AREA ENVIRONMENTAL GROUP, INC., a Maryland Corporation; Honorable Clarence Long, M.C.; Honorable Norman R. Stone; Maryland Wildlife Federation, Inc., a Maryland Corporation; John Henderson; Howard Sappington; George Wohlleben; Robert Scott; Margaret Caldwell; Charles Justice, Appellees, v. The CORPS OF ENGINEERS OF the UNITED STATES ARMY; Honorable Clifford L. Alexander, Secretary of the Army; Lt. General John W. Morris, Chief of Engineers of the United States Army; Col. G. K. Withers, District Engineer, Baltimore District, United States Army Corps of Engineers, Defendants, and State of Maryland, Ex Rel., Francis B. Burch, Attorney General, Appellant, and Steamship Trade Association of Baltimore, Inc., Intervening Defendant. HART AND MILLER ISLANDS AREA ENVIRONMENTAL GROUP, INC., a Maryland Corporation; Honorable Clarence Long, M.C.; Honorable Norman R. Stone; Maryland Wildlife Federation, Inc., a Maryland Corporation; John Henderson; Howard Sappington; George Wohlleben; Robert Scott; Margaret Caldwell; Charles Justice, Appellees, v. The CORPS OF ENGINEERS OF the UNITED STATES ARMY; Honorable Clifford L. Alexander, Secretary of the Army; Lt. General John W. Morris, Chief of Engineers of the United States Army; Col. G. K. Withers, District Engineer, Baltimore District, United States Army Corps of Engineers, Defendants, and State of Maryland, Ex Rel., Francis B. Burch, Attorney General, Intervening Defendant, and Steamship Trade Association of Baltimore, Inc., Appellant. HART AND MILLER ISLANDS AREA ENVIRONMENTAL GROUP, INC., a Maryland Corporation; Honorable Clarence Long, M.C.; Honorable Norman R. Stone; Maryland Wildlife Federation, Inc., a Maryland Corporation; John Henderson; Howard Sappington; George Wohlleben; Robert Scott; Margaret Caldwell; Charles Justice, Appellees, v. The CORPS OF ENGINEERS OF the UNITED STATES ARMY; Honorable Clifford L. Alexander, Secretary of the Army; Lt. General John W. Morris, Chief of Engineers of the United States Army; Col. G. K. Withers, District Engineer, Baltimore District, United States Army Corps of Engineers, Appellants, and State of Maryland, Ex Rel., Francis B. Burch, Attorney General, Steamship Trade Association of Baltimore, Inc., Intervening Defendant.

United States Court of Appeals, Fourth Circuit.

Decided May 28, 1980.


Attorney(s) appearing for the Case

Joshua I. Schwartz, Washington, D. C., Warren K. Rich, Sp. Appointed Atty., Baltimore, Md., for the State of Maryland (Stephen H. Sachs, Atty. Gen., George A. Nilson, Deputy Atty. Gen., Robert B. Harrison, III, Asst. Atty. Gen., William C. Stifler, III, and Paul B. Land, Baltimore, Md., for Steamship Trade Association, on brief) for appellants.

Edward B. Rybczynski and Ralph K. Rothwell, Jr., Baltimore, Md., for appellees.

Before WIDENER and HALL, Circuit Judges, and WARRINER, District Judge.


WIDENER, Circuit Judge:

The State of Maryland applied to the U. S. Army Corps of Engineers (the Corps), in 1972, for a permit pursuant to Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 403, to construct a diked disposal area for dredged material on and adjacent to Hart and Miller Islands in Chesapeake Bay. The purpose of the project is to provide a site for dumping material dredged from the bottom of Baltimore Harbor and its approach channels....

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