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CITIZENS FOR A BETTER ST. CLAIR CTY. v. JAMES

No. 80-7223.

648 F.2d 246 (1981)

CITIZENS FOR A BETTER ST. CLAIR COUNTY et al., Plaintiffs-Appellants, v. Fob JAMES, Governor of Alabama et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

June 15, 1981.

Attorney(s) appearing for the Case

Baxley, Stuart, Ward & Dillard, Wm. J. Baxley, William K. Davenport, Birmingham, Ala., for plaintiffs-appellants.

J. R. Brooks, U. S. Atty., Henry I. Frohsin, Asst. U. S. Atty., Birmingham, Ala., Gail Osherenko, Dirk D. Snel, Attys., Sanford Sagalkin, Acting Asst. Atty. Gen., Justice Dept., Washington, D. C., for federal defendants.

M. Roland Nachman, Jr., Montgomery, Ala., Michael Waters, Birmingham, Ala., for James.

William O. Butler, III, R. Craig Kneisel, Spec. Asst. Atty. Gen., Montgomery, Ala., for Ala. Water Improvement Commission.

Before JONES, TJOFLAT and ANDERSON, Circuit Judges.

TJOFLAT, Circuit Judge:

Appellants are residents of St. Clair County, Alabama, who oppose the construction of a state prison in their neighborhood. They brought this action in the district court to enjoin the State's acquisition of the prison site, and the Alabama Water Improvement Commission's issuance of a national pollutant discharge elimination system (NPDES) permit for the proposed prison without preparing environmental impact statements as required by the National...

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