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S.C. DEPT. OF WILDLIFE & MARINE RESOURCES v. MARSH

No. 88-2840.

866 F.2d 97 (1989)

SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES; National Wildlife Federation; South Carolina Wildlife Federation; Georgia Wildlife Federation, Plaintiffs-Appellees, v. John O. MARSH, in his official capacity as the Secretary of the Army; Elvin R. Heiberg, III, General, in his official capacity as Chief of Engineers for the Department of the Army; C. Ernest Edgar, III, in his official capacity as Division Engineer; Colonel Stanley G. Genega, in his official capacity as District Engineer, Corps of Engineers, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 24, 1989.

Attorney(s) appearing for the Case

Michael Paul Healy (Roger J. Marzulla, Asst. Atty. Gen., Myles E. Flint, Deputy Asst. Atty. Gen., Fred R. Disheroon, Jacques B. Gelin, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Vinton D. Lide, U.S. Atty., R. Emery Clark, Asst. U.S. Atty., Columbia, S.C., on brief), for defendants-appellants.

Ellison D. Smith, IV (E. Jeannette Heyward, Smith and Bundy, Charleston, S.C., Buford S. Mabry, Jr., South Carolina Wildlife and Marine Resources Dept., Columbia, S.C., David J. White, Nat. Wildlife Federation, Atlanta, Ga., on brief) for plaintiffs-appellees.

Before WILKINS, Circuit Judge, HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

WILKINS, Circuit Judge:

The South Carolina Department of Wildlife and Marine Resources, joined by the South Carolina, Georgia, and National Wildlife Federations (Plaintiffs), brought suit against the United States Army Corps of Engineers (the Corps) alleging violations of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C.A. §§ 4321, et seq. (West 1977). The Corps appeals from the district court issuance of a preliminary injunction prohibiting...

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