STATE OF LA. v. LEE

No. 84-3699.

758 F.2d 1081 (1985)

STATE OF LOUISIANA, et al., Plaintiffs-Appellants, v. Colonel Robert C. LEE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 29, 1985.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., William G. Davis, Baton Rouge, La., Nicholas C. Yost, Washington, D.C., for plaintiffs-appellants.

John R. Peters, Jr., New Orleans, La., for Pontchartrain, et al.

John Volz, U.S. Atty., William F. Baity, AUSA, New Orleans, La., Edward J. Shawaker, Robert L. Klarquist, U.S. Dept. of Justice, Washington, D.C., for Lee, Bratton, Gianelli & Marsh.

Joseph E. LeBlanc, Jr., New Orleans, La., for La. Materials.

James A. Burton, Frank J. Peragine, New Orleans, La., for Radcliff.

Before CLARK, Chief Judge, GOLDBERG, and TATE, Circuit Judges.


CLARK, Chief Judge:

Plaintiffs appeal the district court's summary judgment dismissing their claim that the National Environmental Policy Act (NEPA) required the U.S. Army Corps of Engineers (Corps) to complete an environmental impact statement before renewing six permits for shell dredging in Louisiana waters. We vacate and remand.

I

In 1982 the Corps, pursuant to the Rivers and Harbors Act, 33 U.S.C. § 403, and the Clean Water Act, 33 U.S...

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