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NATIONAL WILDLIFE FEDERATION v. HANSON

No. 83-1288-CIV-5.

623 F.Supp. 1539 (1985)

NATIONAL WILDLIFE FEDERATION, et al., Plaintiffs, v. Colonel Wayne A. HANSON, et al., Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

December 20, 1985.

Attorney(s) appearing for the Case

Katherine P. Ransel, Nicholas C. Yost, Center for Law in the Public Interest, Washington, D.C., Derb S. Carter, Jr., Raleigh, N.C., for National Wildlife Fed. et al.

S. Henri Johnson, New Bern, N.C., for N.C. Fisheries Ass'n, Inc.

Suellen T. Keiner, Washington, D.C., for E.P.I.

W.B. Carter, Jr., Carter, Archie & Hassell, Washington, N.C., for Prulean Farms.

W.B. Carter, Jr., Carter, Archie & Hassell, Washington, N.C., Daniel K. Mayers, Andrea Timko Sallet, Wilmer, Cutler & Pickering, Washington, D.C., for Peat Methanol Associates.

H. Robert Showers, Asst. U.S. Atty., Raleigh, N.C., and Jean A. Kingrey, Special Litigation Counsel, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for defendants Hanson, Marsh, Gianelli, Bratton, Ruckelshaus and Jeter.

MEMORANDUM OPINION

BRITT, Chief Judge.

This action was brought under § 505 (citizens' suit provision) of the Clean Water Act (CWA) to challenge a determination by the United States Army Corps of Engineers (Corps) that a particular tract of land in eastern North Carolina was not a "wetland" under § 404 of the CWA and, therefore, not subject to the regulatory authority of the Corps. 33 U.S.C. § 1365 and § 1344. Plaintiffs are National Wildlife...

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