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STATE EX REL. GUSTE v. LEE

Civ. A. No. 83-6126.

635 F.Supp. 1107 (1986)

STATE of Louisiana ex rel. William J. GUSTE, Jr., Attorney General; Save Our Coast, Inc.; The Orleans Audubon Society; Sierra Club; Manchac Fisherman's Association; Environmental Defense Fund v. Colonel Robert C. LEE, District Engineer, New Orleans, District, U.S. Army Corps of Engineers, Lieutenant General Joseph K. Bratton, Chief of Engineers, Department of the Army, William R. Gianelli, Assistant Secretary (Civil Works), Department of the Army, and John O. Marsh, Jr., Secretary, Department of the Army.

United States District Court, E.D. Louisiana.

As Amended June 3, 1986.

Attorney(s) appearing for the Case

Michael Osborne, New Orleans, La., Katherine P. Ransel, Nicholas C. Yost, Washington, D.C., William J. Guste, Jr., Atty. Gen., State of La., Peter M. Arnow, Louisiana Dept. of Justice, Baton Rouge, La., James T.B. Tripp, New York City, for plaintiffs.

John R. Peters, Jr., John Volz, U.S. Atty., New Orleans, La., F. Henry Habicht, II, Land & Natural Resources Div., Washington, D.C., Joe Leblanc, Frank J. Peragine, Elizabeth Griffin, U.S. Army Corps of Engineers, New Orleans, La., for defendants.

OPINION, ORDER AND JUDGMENT

McNAMARA, District Judge.

I. STATEMENT OF THE CASE

This matter comes before the court a second time, on remand for reconsideration from the United States Fifth Circuit Court of Appeals.1 As stated in our earlier opinion,2 this litigation arises out of the five-year extension of six shell dredging permits issued by the United States Army Corps of Engineers [hereinafter...

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