TAYLOR BAY PROTECTIVE ASSOC. v. ADM'R, U.S. E.P.A.

Nos. 88-2027, 88-2168.

884 F.2d 1073 (1989)

TAYLOR BAY PROTECTIVE ASSOC.; Calvin Covington; Morgan William Berry; Edward C. Fitzhugh; Ray Fitzhugh, Appellees, v. ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Dick Whittington, in his official capacity as Regional Administrator, Region VI, U.S. Environmental Protection Agency, Village Creek and White River Levee District of Jackson County Arkansas; Mayberry Levee District of Jackson County Arkansas, Appellants. John O. Marsh, Jr., in his official capacity as Secretary of the Army U.S. Corps of Engineers; Anthony Y. Nida in his official capacity as District Engineer, Little Rock District Corps of Engineers. TAYLOR BAY PROTECTIVE ASSOC.; Appellant, Calvin Covington; Morgan William Berry; Edward C. Fitzhugh; Ray Fitzhugh, v. ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Dick Whittington, in his official capacity as Regional Administrator, Region VI, U.S. Environmental Protection Agency, Village Creek and White River Levee District of Jackson County Arkansas; Mayberry Levee District of Jackson County Arkansas, John O. Marsh, Jr., in his official capacity as Secretary of the Army U.S. Corps of Engineers; Anthony Y. Nida in his official capacity as District Engineer, Little Rock District Corps of Engineers, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 1, 1989.


Attorney(s) appearing for the Case

Tim F. Watson, Newport, Ark., for Administrator, U.S. E.P.A., et al.

Thomas Bay Fitzhugh, Augusta, Ark., & O.H. Storey, Little Rock, Ark., for Taylor Bay Protective Assoc. et al.

Before FAGG and BEAM, Circuit Judges, and DUMBAULD, District Judge.


BEAM, Circuit Judge.

These appeals arise out of the operation of a flood control project which allegedly caused high amounts of sediment to be deposited in a downstream watercourse. The Village Creek District, White River Levee District, and Mayberry Drainage District (Districts) appeal from a memorandum opinion and order of the district court1 in which the court ruled in favor of the Taylor Bay Protective Association (Association) on...

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