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RIVER RD. ALLI. v. CORPS OF ENG. OF U.S. ARMY

Nos. 84-1689, 84-2045.

764 F.2d 445 (1985)

RIVER ROAD ALLIANCE, INC., et al., Plaintiffs-Appellees, v. CORPS OF ENGINEERS OF UNITED STATES ARMY, et al., Defendants-Appellants, National Marine Service Inc., Defendant-Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 1985.

Rehearings and Rehearings Denied August 8, 1985.

Attorney(s) appearing for the Case

Lewis C. Green, Green, Hennings & Henry, St. Louis, Mo., James L. Morgan, Asst. Atty. Gen., Environmental Control Div., Springfield, Ill., for plaintiffs-appellees.

Ellen J. Durkee, Dept. of Justice, Lands Div., Washington, D.C., Andrew Rothschild, Lewis & Rice, St. Louis, Mo., for defendants-appellants.

Before WOOD, ESCHBACH and POSNER, Circuit Judges.

Rehearings and Rehearings En Banc Denied August 8, 1985.

POSNER, Circuit Judge.

We must decide whether, as the district court held, the Army Corps of Engineers violated section 102 of the National Environmental Policy Act of 1969, 42 U.S.C. § 4332, by granting a permit to National Marine Service Inc. for a temporary barge fleeting facility on the Mississippi River without having adequately considered the environmental consequences.

In 1980 National...

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