ROANOKE RIVER BASIN ASSOCIATION, Plaintiff-Appellant, and
State of North Carolina; Counties of Bertie, Granville, Halifax, Martin, Northampton, Vance, Warren & Washington, NC; Counties of Charlotte, Halifax & Mecklenburg, Virginia, Plaintiffs,
v.
Ronald E. HUDSON, in his official capacity as Norfolk District Engineer; Wayne A. Hanson, in his official capacity as Wilmington District Engineer; Joseph K. Bratton, Lt. Gen., in his official capacity as the Chief of Engineers of the U.S. Army Corps of Engineers; William R. Gianelli, in his official capacity as Asst. Secretary of the U.S. Dept. of the Army; John O. Marsh, in his official capacity as Secretary of the U.S. Dept. of the Army; The City of Virginia Beach, Defendants-Appellees.
National Wildlife Federation; North Carolina Wildlife Federation, Amici Curiae.
STATE OF NORTH CAROLINA, Plaintiff-Appellant, and
Counties of Bertie, Granville, Halifax, Martin, Northampton, Vance, Warren & Washington, NC; Roanoke River Basin Association; Counties of Charlotte, Halifax & Mecklenburg, Virginia, Plaintiffs,
v.
Ronald E. HUDSON, in his official capacity as Norfolk District Engineer; Wayne A. Hanson; in his official capacity as Wilmington District Engineer; Joseph K. Bratton, Lt. Gen., in his official capacity as the Chief of Engineers of the U.S. Army Corps of Engineers; William R. Gianelli, in his official capacity as Asst. Secretary of the U.S. Dept. of the Army; John O. Marsh, in his official capacity as Secretary of the U.S. Dept. of the Army; the City of Virginia Beach, Defendants-Appellees.
National Wildlife Federation; North Carolina Wildlife Federation, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued February 7, 1991.
Decided July 3, 1991.
As Amended August 5 and August 20, 1991.
Attorney(s) appearing for the Case
Alan S. Hirsch, argued Sp. Deputy Atty. Gen. (Lacy H. Thornburg, Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., on brief), for plaintiff-appellant State of N.C.
Patrick M. McSweeney, argued (Michael V. Hernandez, McSweeney, Burtch & Crump, P.C., Richmond, Va., on brief), for plaintiff-appellant Roanoke River Basin Ass'n.
George A. Somerville, argued, Mays & Valentine, Richmond, Va., Robert L. Klarquist, argued Lands and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C. (John F. Kay, Jr., M. Scott Hart, Susan Warriner Custer, Mays & Valentine, Richmond Va., George W. Van Cleve, Acting Asst. Atty. Gen., Glen R. Goodsell, J. Carol Williams, U.S. Dept. of Justice, Washington, D.C., Margaret Person Currin, U.S. Atty., Stephen A. West, Asst. U.S. Atty., Raleigh, N.C., Leslie L. Willey, City Atty., Jeffry A. Sachs, Asst. City Atty., City of Virginia Beach, Virginia Beach, Va., John R. Jordan, Jr., Robert R. Price, Jordan, Price, Wall, Gray & Jones, Raleigh, N.C., on brief), for defendants-appellees.
S. Elizabeth Birnbaum, National Wildlife Federation, Washington, D.C., for amici curiae.
Before HALL and NIEMEYER, Circuit Judges, and KISER, District Judge for the Western District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
KISER, District Judge:
The State of North Carolina and the Roanoke River Basin Authority have appealed a decision of the Army Corps of Engineers to issue a permit to the City of Virginia Beach, Virginia to construct a water intake structure and pipeline that would divert sixty million gallons of water a day from Lake Gaston, a lake that is part of the Roanoke River system, approximately 85 miles to connect...
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