ENVIRONMENTAL DEFENSE FUND v. MARSH

No. 80-3915.

651 F.2d 983 (1981)

ENVIRONMENTAL DEFENSE FUND and Louisville & Nashville Railroad Company, Plaintiffs-Appellants, and National Audubon Society, et al., Plaintiffs-Intervenors-Appellants, v. John O. MARSH, Jr., et al., Defendants-Appellees, and Tennessee-Tombigbee Waterway Development Authority, et al., Defendants-Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

July 13, 1981.


Attorney(s) appearing for the Case

Jon T. Brown, Stephen E. Roady, Robert N. Steinwurtzel, Washington, D. C., Joseph L. Lenihan, Louisville, Ky., James T. B. Tripp, New York City, for plaintiffs-appellants.

Lawrence A. G. Moloney, Richard A. Fine, Marta W. Berkley, Civ. Div., Dept. of Justice, Washington, D. C., H. M. Ray, U. S. Atty., Oxford, Miss., for defendants-appellees.

James Hugh Ray, Tupelo, Miss., Hunter M. Gholson, Columbus, Miss., Alfred P. Holmes, Jr., Mobile, Ala., for defendants-intervenors-appellees.

Before SKELTON, Senior Judge, and RUBIN and REAVLEY, Circuit Judges.


REAVLEY, Circuit Judge:

The Environmental Defense Fund and other plaintiffs brought suit against John O. Marsh, Jr., in his capacity as Secretary of the Army, based on the claim that the Army Corps of Engineers has violated several statutes and regulations in the course of planning and constructing a major water project, the Tennessee-Tombigbee Waterway. The district court granted the government's motion for summary judgment, and the plaintiffs appealed. We affirm...

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