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TEXAS COMMITTEE ON NATURAL RESOURCES v. MARSH

No. 83-2145.

736 F.2d 262 (1984)

TEXAS COMMITTEE ON NATURAL RESOURCES and Mrs. Peggy Amerson, Plaintiffs-Appellees, v. John O. MARSH, Jr., Secretary, Department of the Army, Defendant-Appellant, North Texas Municipal Water District, Sulphur River Municipal Water District and City of Irving, Texas, Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 17, 1984.

Attorney(s) appearing for the Case

Roland Boyd, Bill Boyd, John E. Gay, McKinney, Tex., for North Texas, et al.

William Cornelius, Asst. U.S. Atty., Tyler, Tex., James Spears, Atty., U.S. Dept. of Justice, Washington, D.C., for Marsh, Secty. Army.

Don J. Rorschach, City Atty., Irving, Tex., for City of Irving, Tex.

Edward C. Fritz, Dallas, Tex., Richard A. Shannon, Austin, Tex., for Texas Committee.

Jim Mattox, Atty. Gen., R. Lambert Townsend, Asst. Atty. Gen., Austin, Tex., for amicus State of Tex.

Before TATE, JOLLY and DAVIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The Army Corps of Engineers appeals an order of the district court permanently enjoining work on its proposed Cooper Lake and Channels project pending submission of an environmental impact statement which complies with the provisions of the National Environmental Policy Act (NEPA). Because we find that the environmental impact statement submitted by the Corps of Engineers in 1981 complies with the requirements of NEPA, we reverse the...

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