Legal Opinion

United States v. Florida-Vanderbilt Development Corp.

District Court, S.D. Florida

Decided April 12, 1971No. Civ. A. 71-369PublishedCited by 7 opinions

1Opinion of the Court

ORDER ON DEFENDANTS’ MOTIONS TO DISMISS

ATKINS, District Judge.

Concerned citizens throughout the United States have been seeking novel legal remedies in an effort to prevent environmental destruction. The use of the qui tam action to enforce the provisions of Sections 407 and 411 of the Rivers and Harbors Act of 1899 (Title 33, United States Code) has been recently “discovered” by many citizens and conservation groups. In each instance known to this Court, however, the theory has been rejected, and the actions dismissed. See: Durning v. ITT Rayonier, Inc., 325 F.Supp. 446 (W.D.Wash., Oct. 5,…

2Cases cited8 opinions

  1. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  2. Adams v. WoodsSupreme Court of the United States · 1805
  3. Marvin v. TroutSupreme Court of the United States · 1905
  4. Bass Angler Sportsman Society v. United States Steel Corp.District Court, N.D. Alabama · 1971
  5. Bass Anglers Sportsman's Society v. U. S. Plywood-Champion Papers, Inc.District Court, S.D. Texas · 1971

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3Cited by7 opinions

  1. State Ex Rel. Oklahoma Bar Ass'n v. MothershedSupreme Court of Oklahoma · 2011
  2. Edward Hughes v. Ranger Fuel Corporation, Division of Pittston Company, a Delaware CorporationCourt of Appeals for the Fourth Circuit · 1972
  3. Parsell v. Shell Oil Co.District Court, D. Connecticut · 1976
  4. Common Cause v. Democratic National CommitteeDistrict Court, District of Columbia · 1971
  5. Frank R. Jacklovich, as Well for the United States of America as for Himself v. Interlake, Inc.Court of Appeals for the Seventh Circuit · 1972

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