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CAPE MAY CTY. CHAP., INC., IZAAK WALTON LEAG. v. MACCHIA

Civ. A. No. 1037-70.

329 F.Supp. 504 (1971)

CAPE MAY COUNTY CHAPTER, INC., IZAAK WALTON LEAGUE OF AMERICA, By Jonathan Sayre, President, and on behalf of others, Plaintiff, v. Tito MACCHIA et al., Defendants.

United States District Court, D. New Jersey.

June 16, 1971.

Attorney(s) appearing for the Case

Brown, Connery, Kulp, Wille, Burnell & Greene, by Horace G. Brown, Camden, N. J., Cohen, Hirschkop, Hall & Jackson, Alexandria, Va., by Bernard S. Cohen, Alexandria, Va., of counsel, for plaintiff.

Orlando & Orlando, Haddonfield, N. J., by Archibald Kreiger, Paterson, N. J., for defendants Macchia and Ruetschlin.

Herbert Stern, U. S. Atty., by D. William Subin, Asst. U. S. Atty., Camden, N. J., for defendants Secretary of the Army and U. S. Army Corps of Engineers.

George F. Kugler, Jr., Atty. Gen., of New Jersey, by Malcolm S. Zlotkin, Deputy Atty. Gen., for defendant Commissioner of Environmental Protection of the State of New Jersey.

George M. James, Wildwood, N. J., for defendant, Jerry H. May, Jr.

OPINION

COHEN, District Judge:

Ecology looms as the issue of the decade. Man's mounting apprehension for the preservation of his physical environment sounds a "clear and present danger" to his survival, unless an ecological balance is maintained. Scientific reports emphasizing the danger and the need for realistic legislative protection of the environment have been featured in the Press and forcibly brought to the attention of State legislatures and governmental...

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