ARK. NATURE ALLIANCE, INC. v. U.S. ARMY CORPS OF ENGINEERS

No. 1-02-CV00037-WRW.

266 F.Supp.2d 876 (2003)

ARKANSAS NATURE ALLIANCE, INC., Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS; Colonel Benjamin Butler, District Engineer, Little Rock District, Corps of Engineers, Defendants.

United States District Court, E.D. Arkansas, Northern Division.

February 14, 2003.


Attorney(s) appearing for the Case

Richard H. Mays, Michelle Lee Davenport, Richard H. Mays Environmental Legal Services, Little Rock, AR, for Arkansas Nature Alliance, Inc., An Arkansas Not-For-Profit Corporation.

E. Fletcher Jackson, U.S. Attorney's Office, Eastern District of Arkansas, James W. Cullum, U.S. Army Corps of Engineers, Little Rock, AR, for Department of Defense, United States Army Corps of Engineers, Benjamin Butler, Colonel, District Engineer, Little Rock District Corps of Engineers.


ORDER

WILSON, District Judge.

I. Introduction:

I must determine whether Defendants, U.S. Army Corps of Engineers ("Corps"or "COE") and its District Director, have failed to comply with the National Environmental Policy Act ("NEPA") and its implementing regulations, in the issuance of Letter of Permission ("LOP") No. 01114-2, and in the issuance of Nationwide Permit ("NWP") No. 0111401. Implicit in that decision is the question of whether the Corps...

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