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ENV. COAL. BROWARD CTY. v. MYERS

No. 86-5143.

831 F.2d 984 (1987)

ENVIRONMENTAL COALITION OF BROWARD COUNTY, INC., Plaintiff-Appellant, v. Charles T. MYERS, III, Col. District Engineer, U.S. Army Corp of Engineer, John O. March, Jr., Sec. of the Army, S.A. Horvitz Testamentary Trust, Marcia Beach, Scott Cowan, Howard Craft, Howard Foreman, Nicki Grossman, Edward Kennedy, Gerald Thompson, in their official capacities as Comm. of Broward Cty., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 5, 1987.

Attorney(s) appearing for the Case

Edward Lee Rogers, Washington, D.C., for plaintiff-appellant.

Maria A. Iizuka, Appellate Section, Land & Natural Resources Div., Dept. of Justice, Washington, D.C., for U.S.

Gary P. Sams, Hopping, Boyd, Green, & Sams, Frank Mathews, Tallahassee, Fla., David W. Duke, Jr., McCune, Hiaasen, Crum, Ferris & Gardner, Ft. Lauderdale, Fla., for S.A. Horvitz Testamentary Trust.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and TUTTLE, Senior Circuit Judge.

RONEY, Chief Judge:

Plaintiff Environmental Coalition of Broward County (the Coalition) appeals the refusal of the district court to enjoin work under a dredge and fill permit issued by the Corps of Engineers (the Corps) to the S.A. Horvitz Testamentary Trust (the Trust). We affirm.

The district court considered the application process, the public interest factors, the plans to go forward with the dredging of the Dania Cut-off Canal, the propriety of requiring...

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