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OZARK SOCIETY v. MELCHER

No. 4:01 CV 00732 WRW.

248 F.Supp.2d 810 (2003)

OZARK SOCIETY; Arkansas Canoe Club; Sierra Club; National Parks Conservation Association; American Rivers; Save Our Streams; Arkansas Wildlife Federation; Federation of Fly Fishers; Arkansas Chapter of the American Fisheries Society, Plaintiffs, v. David F. MELCHER, Brigadier General, United States Army Corps of Engineers; Thomas E. White, Secretary of the Army; United States Army Corps of Engineers, Defendants.

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

March 4, 2003.

Attorney(s) appearing for the Case

Caroline M. Blanco, United States Department of Justice, Environment and Natural Resources, General Litigation Section, Wendy L. Blake, United States Department of Justice, Environment and Natural Resources, Environmental Defense Section, Washington, D.C., H.E. "Bud" Cummins, United States Attorney, Eastern District of Arkansas, Richard M. Pence, Jr., Assistant United States Attorney, Little Rock, AR, for Defendants.

Peter M.K. Frost, Western Environmental Law Center, Eugene, OR, Hank Bates, McMath Woods, P.A., Little Rock, AR, for Plaintiffs.

SUMMARY JUDGMENT ORDER

WILSON, District Judge.

Pending is Plaintiffs' Motion for Partial Summary Judgment (doc. no. 26), in which they ask me to declare that the Corps violated the Buffalo National River enabling legislation when it issued a permit to build the Bear Creek dam without awaiting a determination by the Secretary of the Interior.1 I heard oral argument on this motion on January 28, 2003.

As I provided a detailed...

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