ENVIRONMENTAL DEFENSE FUND, INC. V. ALEXANDER
614 F.2d 474 (5th Cir. 1980)
NATURE OF THE CASE: This was an appeal from the dismissal for laches of an action to halt
the construction of a waterway because its width exceeded that authorized by Congress.
FACTS: Congress authorized construction of the Tennessee-Tombigbee Waterway in 1946.
Shortly after authorizing construction, Congress decided that the waterway was not
economically feasible and as such did not appropriate funds for it until 1966. A restudy was
done and it was determined that there should be a 300-foot-wide channel. In 1967, interested
parties submitted proposals that because of the new width the project needed to be
reevaluated again. During budget hearings, the L&N Railroad and the Committee for Leaving
the Environment of America Natural (Ps) appeared and opposed the funding. Funds were
appropriate and Ps sued to enjoin the construction. The suit was dismissed and construction
proceeded. The suit was filed again in November 1976 seeking to enjoin construction because
they alleged the actual construction was not in conformance with the project authorized by
Congress. An amended complaint was filed in 1978 questioning for the first time the 300-foot
channel. After filing the lack of authority claims, Ps made no effort to obtain immediate
injunctive relief to halt further expenditures of funds. (At the time of filing about 5% of
projected funds had been spent and by the time of the amendment about 18% of projected funds
had been spent.) Under the present situation the obligations of the contracts were over $860
million with over $616 million already spend. The district judge concluded that the action
was barred by laches. Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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