291 



approval of the fill was effectually approval of the 

 causeway.'^ 



• But such circuity is not necessary. Governmental 

 agencies in executing a particular statutory responsi- 

 bility ordinarily are required to take heed of, some- 

 times effectuate and other times not thwart other valid 

 statutory governmental policies. And here the govern- 

 ment-wide policy of environmental conservation is 

 spectacularly revealed in at least two statutes. The 

 'Fish and Wildlife Coordination Act^^ and the National 

 Environmental Policy Act of 1969.''' 



The Fish and Wildlife Coordination Act'« clearly re- 



'BiThe Court essentially held that the Corps, where approval of 

 Transportation is also required, cannot be oblivious to the 

 effect of fill projects on the beauty and conservation of natural 

 resources. This inference arises from the fact that the Secretary 

 of Transportation is statutorily required to consider conserva- 

 tion before granting a permit. But if the fill on which tlie cause- 

 way was to be built were completed at the time the permit 

 for the causeway was requested, there would be no conserva- 

 tion factors for Transportation to consider. The Court held that 

 the Corps could not blind itself to this fact and thereby cut 

 off considerations of conservation by granting a fill permit 

 without Transportation's approval of the causeway. 

 16 16 U.S.C.A. §§661-666. 



lyPublic Law 91-190, 42 U.S.C.A. §§4331-47. 

 i8The Fish and Wildlife Coordination Act states: 



"Except as hereafter staled in subsection (h) of this 

 section [not applicable], whenever the v/aters of any 

 stream or other body of water are proposed or au- 

 thorized to be impoimded, diverted, the channel deep- 

 ened, or the stream or other body of water otherwise 

 controlled or modified for any purpose whatever, in- 

 cluding navigation and drainage, by any department 

 or agency of the United States, or by any public or 

 private agency under Federal permit or license, such 

 department or agency first shall consult with the 



