Legal Opinion

Avoyelles Sportsmen's League, Inc. v. Marsh

Court of Appeals for the Fifth Circuit

Decided September 26, 1983No. Nos. 79-2653, 82-3231PublishedCited by 2 opinions

1Opinion of the Court

RANDALL, Circuit Judge:

This is an appeal from a district court judgment that enjoined the private defendants 1 from any additional clearing, except by permit under 33 U.S.C. § 1344 (Supp. V 1981), of certain lands determined by the district court to be wetlands. The federal defendants2 contend that the district court' should have reviewed the Environmental Protection Agency’s (“EPA”) final wetlands determination (attached as an appendix to this opinion) on the basis of the administrative record, and that the court erred in adopting its own wetlands determination instead of reviewing the…

2Cases cited90 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  4. Udall v. TallmanSupreme Court of the United States · 1965
  5. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975

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3Cited by2 opinions

  1. United States v. Cumberland Farms of Connecticut, Inc.District Court, D. Massachusetts · 1986
  2. The Avoyelles Sportsmen's League, Inc., Cross-Appellants v. John O. Marsh, Jr., Secretary of the Army, Etc., Elder Realty Company, Inc., Cross-Appellee. The Avoyelles Sportsmen's League, Inc. v. John O. Marsh, Jr., Secretary of the Army, Etc., Elder Realty Company, Inc., George Bartmess, Intervenors-Appellants, Louisiana Department of Agriculture, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1983

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