Legal Opinion

National Ecological Foundation v. Alexander

Court of Appeals for the Sixth Circuit

Decided August 3, 2007No. 06-5700PublishedCited by 94 opinions

1Opinion of the CourtClay, J., joined by Suhrheinrich, J.,

SUTTON, J. (pp. 481-82), delivered a separate opinion concurring in the judgment.

OPINION

CLAY, Circuit Judge.

The Stokes Creek canal is a channelized stream in western Tennessee. Defendants, the West Tennessee River Basin Authority (the “WTRBA”) and the Tennessee Department of Environment and Conservation (collectively the “State”), wish to transform 1.5 miles of this stream into a 2.4 mile “meandering channel,” which, according to the State, would mimic the natural conditions of a stream and provide significant environmental benefits. This project is known as the Stokes Creek Restoration…

2Cases cited26 opinions

  1. Bowles v. RussellSupreme Court of the United States · 2007
  2. Kontrick v. RyanSupreme Court of the United States · 2004
  3. United States v. ITT Continental Baking Co.Supreme Court of the United States · 1975
  4. United States v. Armour & Co.Supreme Court of the United States · 1971
  5. Eberhart v. United StatesSupreme Court of the United States · 2005

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3Cited by94 opinions

  1. Scottsdale Insurance v. FlowersCourt of Appeals for the Sixth Circuit · 2008
  2. MLC AUTOMOTIVE, LLC v. Town of Southern PinesCourt of Appeals for the Fourth Circuit · 2008
  3. Mobley v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2015
  4. Melissa Brumley v. United Parcel Serv.Court of Appeals for the Sixth Circuit · 2018
  5. Gooch v. Life Investors Insurance Co. of AmericaCourt of Appeals for the Sixth Circuit · 2012

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