Looking into the future the Pelican feeding its young from a self-induced wound in its own
breast (as depicted, mysteriously, on the state flag of Louisiana) is accepted as an
appropriate symbol of both self-sacrifice and rebirth. Through his selfless efforts, man is
raised from the slavery of ignorance to the condition of freedom conferred by wisdom.
Given the current state of affairs in Louisiana, one hopes that the understanding of the Pelican
as a symbol shall point the way towards a new consciousness of ourselves as a whole, and lead us
to face our futures with strength, grace, wisdom and faith, to learn from our mistakes and carry
our successes and zest for living to future generations.
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
CIVIL ACTION
NO. 75-3155
SECTION “H”
SAVE OUR WETLANDS, INC. (SOWL)
Versus
EDWARD H. LEVI, et al
SUPPLEMENTAL MEMORANDUM IN OPPOSITION OF THE MOTION TO DISMISS AND FOR SUMMARY JUDGMENT
Since the time this Motion was presented to the Court on March 17, 1976, counsel for defendant Leisure, Inc. has submitted a Supplemental Memo and Affidavits which were received in the mail by plaintiff’s counsel on March 29, 1976.
Up to this time, plaintiff’s counsel saw no reason to submit countervailing affidavits. However, because of defendant’s recent Supplemental Memo, plaintiffs submit the attached documents to clarify that plaintiffs are aware of the general description of work being performed by defendants.
Also,
- In proceedings before Magistrate Sear, David Burk, President of Leisure, Inc., testified there would be no more canal excavations n Eden Isles west and east. (Attachment).
- However, in contravention to Judge West’s Order and the testimony of Mr. Burk, the Affidavits of Douglass Culp, Brian Soignier, John Parker, Russell Estain, Sr., Russell Estain Jr., and the attached movie films of Brian Soignier and Russell Estain, Jr., prove defendants have proceeded to excavate canals on the western and eastern portions of Eden Isles.
- The Affidavit of Douglass Culp proves that Leisure, Inc. has also discharged water into a navigable body of water without obtaining Section 402 permits under the FWPCA.
- In spite of informing the Court, there would be no more canal excavations, and assuring the Court the FWPCA would be enforced, defendants have proceeded without an EIS and without Section 402 and Section 404 permits of the FWPCA.
- Defendants have continued to construct dikes and levees along the North Shores of Lake Pontchartrain without any permits under Section 10 of the Rivers and Harbors Act. (Attachments).
- Defendants have been well notified and informed of necessity of obtaining Section 402 and Section 404 permits of FWPCA. (Attachments).
This Court clearly states it would enforce the law in regard to all future work. Therefore, summary judgment should be denied; and plaintiff’s discovery should be granted.
Respectfully submitted,
PLAUCHE VILLERE, JR.
Attorney for SOWL
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