Conservation Council of N.C. v. Froehlke
Citation: 9 ELR 20105
No. No. 77-2598, 591 F.2d 1339/(4th Cir., 01/25/1979) Aff'd
The Fourth Circuit affirms a district court's judgment upholding the Army Corps of Engineers' decision to impound water behind the completed B. Everett Jordan Dam. In conformity with this court's remand instructions, the lower court engaged in a substantial inquiry to determine whether there had been a clear error in judgment by the agency and properly concluded, with comprehensive findings, that the Corps' decision was not arbitrary or capricious.
Counsel for Plaintiffs-Appellants
Norman B. Smith
Smith, Patterson, Follin, Curtis, James & Harkavy
704 Southeastern Bldg., Greensboro NC 27401
Emery B. Denny, Jr.
Haywood, Denny & Miller
200 Wachovia Bank Bldg., 201 W. Main St., Durham NC 27701
Claude V. Jones
1310 Arnette Ave, Durham NC 27707
Counsel for Defendants-Appellees
Larry C. Gutterridge, Carl Strass
Land and Natural Resources Division
Department of Justice, Washington DC 20530
Before Bryan, Field and Hall, JJ.