SIERRA CLUB v. U.S. ARMY CORPS. OF ENGINEERS

No. 84-1960.

771 F.2d 409 (1985)

SIERRA CLUB, Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS; John O. Marsh, Jr. as Secretary of the Army; Lt. General Joseph K. Bratton as Chief of Engineers of the United States Army Corps of Engineers, and Naples Terminal Company, a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1985.

Rehearing Denied October 1, 1985.


Attorney(s) appearing for the Case

Richard J. Metzger, Chicago, Ill., for appellant.

Maxine I. Lipeles, St. Louis, Mo., for appellees.

Before BRIGHT, Senior Circuit Judge, and ARNOLD and FAGG, Circuit Judges.


BRIGHT, Senior Circuit Judge.

Sierra Club appeals from the district court's order denying its motion for a preliminary injunction. Sierra Club seeks to prohibit the use of certain barge fleeting permits issued by the United States Army Corps of Engineers (Corps) to Naples Terminal Company (NTC) until the district court rules on the merits of Sierra Club's claim that, in issuing the permits, the Corps failed to comply with section 102 of the National Environmental...

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