MISS. SIERRA CLUB, INC. v. MISS. DEPT. OF ENVIR. QUALITY

No. 1999-SA-02035-SCT.

819 So.2d 515 (2002)

MISSISSIPPI SIERRA CLUB, INC. and Green Baggett v. MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY and the Mississippi Commission on Environmental Quality; Board of Mississippi Levee Commissioners; Board of Levee Commissioners for The Yazoo Mississippi Delta; Board of Supervisors of Washington, Yazoo, Bolivar, Issaquena, Coahoma, Tallahatchie, Sunflower, Humphreys and Sharkey Counties; Cities of Leland, Cleveland, Hollandale, Rolling Fork and Pace; Towns of Sunflower, Alligator, Anguilla, Lyon, Boyle, Tutwiler, Sumner, Arcola and Gunnison; City Councils of Greenville and Rosedale; Drainage Districts of Otter Bayou, Deer Creek No. 1, Number Seven, Number Eleven, Bogue Hasty, Bear Pen, Northern, Number Twelve, Clear Creek, Laban Bayou, Shaw, New Porter Bayou, Hushpuckena, Number Ten and Number Eight; Soil Conservation Districts of Bolivar, Coahoma, Yazoo, Leflore, Humphreys, Issaquena, Sunflower, Tunica, Washington and Sharkey Counties; Central Drainage Commission and Deer Creek Commission.

Supreme Court of Mississippi.

May 9, 2002.


Attorney(s) appearing for the Case

Reilly Morse, Gulfport, George H. Penn, New Orleans, LA, for appellants.

Betty Ruth Fox, Chuck D. Barlow, Jackson, Charles S. Tindall, III, Greenville, for appellees.

EN BANC.


ON MOTION FOR REHEARING

McRAE, Presiding Justice, for the Court.

¶ 1. The motions for rehearing are granted. The original opinion is withdrawn, and this opinion is substituted therefor.

¶ 2. The Big Sunflower River Project was originally authorized by Congress in the Flood Control Act of 1944 with channel improvements being completed in the 1960s. After significant flooding occurred several years later, local interests sought reevaluation...

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