MARSH v. OREGON NATURAL RESOURCES COUNCIL

No. 87-1704.

490 U.S. 360 (1989)

MARSH, SECRETARY OF THE ARMY, ET AL. v. OREGON NATURAL RESOURCES COUNCIL ET AL.

Supreme Court of United States.

Decided May 1, 1989


Attorney(s) appearing for the Case

Solicitor General Fried argued the cause for petitioners. With him on the briefs were Assistant Attorney General Marzulla, Deputy Solicitor General Wallace, Jeffrey P. Minear, Peter R. Steenland, Jr., and Vicki L. Plaut.

David A. Bricklin argued the cause for respondents. On the brief were Neil S. Kagan and Michael D. Axline.*

Briefs of amici curiae urging affirmance were filed for the State of California et al. by John K. Van de Kamp, Attorney General of California, N. Gregory Taylor and Theodora Berger, Assistant Attorneys General, and Clifford L. Rechtschaffen and Mary Gray Holt, Deputy Attorneys General, and by the Attorneys General for their respective States as follows: Don Siegelman of Alabama, Grace Berg Schaible of Alaska, Duane Woodard of Colorado, Jim Jones of Idaho, Neil F. Hartigan of Illinois, Thomas J. Miller of Iowa, Robert T. Stephan of Kansas, Frederick J. Cowan of Kentucky, James E. Tierney of Maine, James J. Shannon of Massachusetts, Mike Moore of Mississippi, William L. Webster of Missouri, Hubert H. Humphrey III of Minnesota, Mike Greely of Montana, Robert M. Spire of Nebraska, Brian McKay of Nevada, Stephen E. Merrill of New Hampshire, Cary Edwards of New Jersey, Robert Abrams of New York, Lacy H. Thornburg of North Carolina, Robert H. Henry of Oklahoma, LeRoy S. Zimmerman of Pennsylvania, T. Travis Medlock of South Carolina, Charles W. Burson of Tennessee, Jim Mattox of Texas, Jeffrey Amestoy of Vermont, Mary Sue Terry of Virginia, and Charles G. Brown of West Virginia; for the Environmental Defense Fund et al. by Victor M. Sher, Todd D. True, and Tom Lustig; and for the International Association of Fish and Wildlife Agencies by Paul A. Lenzini.

Briefs of amici curiae were filed for the Center for Enviromental Education by Nicholas C. Yost and William A. Butler; and for the Pacific Legal Foundation by Ronald A. Zumbrun and Robin L. Rivett.


JUSTICE STEVENS delivered the opinion of the Court.

This case is a companion to Robertson v. Methow Valley Citizens Council, ante, p. 332. It arises out of a controversial decision to construct a dam at Elk Creek in the Rogue River Basin in southwest Oregon. In addition to the question whether an Environmental Impact Statement (EIS) prepared pursuant to the National Environmental Policy Act of 1969 (NEPA), 83...

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