Legal Opinion

Environmental Defense Fund, Inc. v. Robert F. Froehlke, Secretary of the Army

Court of Appeals for the Eighth Circuit

Decided December 14, 1972No. 72-1427PublishedCited by 139 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

The primary question raised on this appeal is whether an environmental impact statement, filed by the Corps of Engineers in connection with the Cache River — Bayou DeView Channelization Project, complied with the National Environmental Policy Act of 1969. 1 Secondary questions are whether the project violates the Water Bank Act of 1970, 2 the Pish and Wildlife Coordination Act, 3 or 33 U.S.C. § 701a. The trial court answered the first question in the affirmative and the latter questions in the negative. We reverse and remand.

FACTS

The Cache River Basin comprises 2,030…

2Cases cited10 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Natural Resources Defense Council, Inc. v. Rogers C. B. Morton, in His Official Capacity as Secretary of the Department of InteriorCourt of Appeals for the D.C. Circuit · 1972
  3. Calvert Cliffs' Coordinating Committee, Inc. v. United States Atomic Energy Commission and United States of America, Baltimore Gas and Electric Company, Intervenor. Calvert Cliffs' Coordinating Committee, Inc. v. United States Atomic Energy Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1971
  4. Environmental Defense Fund, Inc. v. Corps of Engineers of the United States ArmyCourt of Appeals for the Eighth Circuit · 1972
  5. Hiram B. Ely v. Richard W. Velde, Associate Administrator, Law Enforcement Assistance Administration, Natural Resources Defense Council, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1971

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3Cited by139 opinions

  1. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  2. California v. BlockCourt of Appeals for the Ninth Circuit · 1982
  3. Natural Resources Defense Council, Inc. v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1979
  4. Trout Unlimited v. MortonCourt of Appeals for the Ninth Circuit · 1974
  5. Arthur Silva v. James T. LynnCourt of Appeals for the First Circuit · 1973

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