276 



described in paragraph 5 above gives addition- 

 al support to my conclusion that the work 

 should not be authorized." 



The Division Engineer, South Atlantic Division, Atlan- 

 ta, Georgia, concurred in that recommendation stat- 

 ing: "In view of the wide spread opposition to the 

 proposed work, it is apparent that approval of the ap- 

 ■plication would not be in the public interest." The Chief 

 of Engineers concurred for the same reasons. Finally, 

 the Secretary of the Army denied the application on 

 February 28, 1967, because issuance of the requested 

 permit: 



1. Would result in a distinctly harmful ef- 

 fect on the fish and wildlife resources in Boca 

 Ciega Bay, 



2. Would be inconsistent with the purposes 

 of the Fish and Wildlife Coordination Act of 

 1958, as amended (16 U.S.C. 662), 



3. Is opposed by the Florida Board of Con- 

 servation on behalf of the State of Florida, and 

 by the County Health Board of Pinellas County 

 and the Board of County Commissioners of 

 Pinellas County, and 



4. Would be contrary to the public interest. 



Landholders then instituted this suit to review the 

 Secretary's determination and for an order compelling 

 him to issue a permit. They urged that the proposed 



