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IZAAK WALTON LEAGUE OF AMERICA v. MARSH

Nos. 79-2529, 79-2530, 80-1017 and 80-1024.

655 F.2d 346 (1981)

The IZAAK WALTON LEAGUE OF AMERICA, et al., Appellants, v. John O. MARSH, Jr., Secretary, Department of the Army, et al. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, et al., Appellants, v. John O. MARSH, Jr., Secretary, Department of the Army, et al. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, et al. v. John O. MARSH, Jr., Secretary, Department of the Army, et al. Association for Improvement of the Mississippi River, Appellant. IZAAK WALTON LEAGUE OF AMERICA, et al. v. John O. MARSH, Jr., Secretary, Department of the Army, et al. Association for Improvement of the Mississippi River, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 1981.

Attorney(s) appearing for the Case

Joseph V. Karaganis, Chicago, Ill., with whom Sanford R. Gail, A. Bruce White, and Joseph D. Feeney, Chicago, Ill., were on the brief, for Izaak Walton League of America, et al., and Atchison, Topeka and Santa Fe Railway Co., et al., appellants in Nos. 79-2529 and 79-2530 and appellees in Nos. 80-1017 and 80-1024. Jon T. Brown, Washington, D.C., entered an appearance for Atchison, Topeka and Santa Fe Railway Co., et al., in Nos. 80-1017 and 80-1024.

George V. Allen, Jr., Washington, D.C., with whom Ramsay D. Potts and William P. Barr, Washington, D.C., were on the brief, for Association for Improvement of the Mississippi River, appellant in Nos. 80-1017 and 80-1024 and appellee in Nos. 79-2529 and 79-2530.

Dirk D. Snel, Atty., Dept. of Justice, Washington, D.C., with whom Sanford Sagalkin, Deputy Asst. Atty. Gen., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., were on the brief, for the federal appellees. James W. Moorman, Atty., Dept. of Justice, Washington, D.C., entered an appearance for the federal appellees.

Before WRIGHT and ROBB, Circuit Judges, and PENN, District Judge.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

Commercial navigation on the Upper Mississippi River and the Illinois River is made possible through a series of 27 locks and dams known as the Upper Mississippi River Navigation System. Locks and Dam 26, which is located on the Upper Mississippi near Alton, Illinois, is a vital link in this system. Because it stands just south of the juncture of the Illinois and...

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