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VAN ABBEMA v. FORNELL

Nos. 86-1892, 86-1974.

807 F.2d 633 (1986)

Loren VAN ABBEMA and Barbara Van Abbema, and Edward R. Koeber and Mary D. Koeber, Plaintiffs-Appellants, v. Paul FORNELL, d/b/a Warsaw Barge Loading Facility; John O. Marsh, Secretary of the Army, and Lt. Gen. J.K. Bratton, Chief of Engineers, Department of the Army, Defendants-Appellees. Loren VAN ABBEMA and Barbara Van Abbema, and Edward R. Koeber and Mary D. Koeber, Plaintiffs, People of the State of Illinois, Plaintiff-Intervenor-Appellant, v. Paul FORNELL, d/b/a Warsaw Barge Loading Facility; John O. Marsh, Secretary of the Army, and Lt. Gen. J.K. Bratton, Chief of Engineers, Department of the Army, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 1986.

Attorney(s) appearing for the Case

James Morgan, Office of Atty. Gen., Springfield, Ill., William F. Morris, Peoria, Ill., for plaintiffs-appellants.

James A. Lewis Gerald Fines, U.S. Atty., Springfield, Ill., Tobin M. Richter, Spindell, Kemp & Kimmons, Chicago, Ill., for defendants-appellees.

Before CUMMINGS and CUDAHY, Circuit Judges, and GORDON, Senior District Judge.

CUDAHY, Circuit Judge.

The plaintiffs and the intervenor challenge the validity of a permit issued by the United States Army Corps of Engineers (the "Corps") to Paul Fornell to build a facility for "transloading" coal from trucks to barges on the Mississippi River at Warsaw, Illinois. The plaintiffs and the intervenor argue that the Corps should not have issued the permit without preparing an Environmental Impact Statement, that the Corps improperly conducted its...

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