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Conservation Council of N.C. v. Costanzo

Citation: 6 ELR 20116
No. No. 75-1906, 528 F.2d 250/(4th Cir., 12/16/1975) Aff'd

The Fourth Circuit Court of Appeals affirms the district court's dissolution of a previous injunctive order and denial of temporary injunctive relief against further work in navigable waters. The lower court did not abuse its discretion in refusing to grant such relief pending the Corps of Engineers' preparation of a NEPA impact statement and disposition of an after-the-fact dredge and fill permit application under §404 of the Federal Water Pollution Control Act Amendments of 1972. The district court carefully considered the environmental effects, the equities, the public interest, the harm to defendants from granting injunctive relief and the injury to plaintiffs from denying it and balanced the rights of the parties; the mere fact that an EIS may be called for does not automatically require temporary relief. The district court's opinion, which contains a recitation of the factual background of this case and, inter alia, denied temporary injunctive relief, appears at 5 ELR 20666.

Counsel for Plaintiffs-Appellants
Prof. Thomas J. Schoenbaum
University of North Carolina School of Law
Chapel Hill, NC 27514
(919) 933-5100

Norman B. Smith
Smith, Carrington, Patterson, Follin & Curtis
704 Southeastern Building
Greensboro, NC 27401
(919) 274-2992

Counsel for Defendants-Appellees
Bruce H. Johnson, Asst. U.S. Attorney
Thomas P. McNamara, U.S. Attorney
U.S. Courthouse
Raleigh, NC 27611
(919) 755-4530

David A. Nash
Hogue, Hill, Jones, Nash & Lynch
101 South Third Street
P.O. Box 1268
Wilmington, NC 28401
(919) 762-2665

Russell, Field & Widener, JJ.