River Road Alliance, Inc. v. Corps of Engineers of United States Army, National Marine Service Inc., Defendant-Intervenor-Appellant
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
We must decide whether, as the district court held, the Army Corps of Engineers violated section 102 of the National Environmental Policy Act of 1969, 42 U.S.C. § 4332, by granting a permit to National Marine Service Inc. for a temporary barge fleeting facility on the Mississippi River without having adequately considered the environmental consequences.
In 1980 National Marine Service (actually its predecessor, but we shall simplify the facts to shorten our opinion) applied to the Corps of Engineers for a permit under section 10 of the River and Harbors Appropriation Act…
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