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OREGON NATURAL RESOURCES COUNCIL v. MARSH

Civ. No. 85-6433-E.

628 F.Supp. 1557 (1986)

OREGON NATURAL RESOURCES COUNCIL, et al., Plaintiffs, v. John O. MARSH, Jr., in his official capacity as Secretary of the United States Department of the Army, et al., Defendants.

United States District Court, D. Oregon.

March 3, 1986.

Attorney(s) appearing for the Case

Neil S. Kagan, Roseburg, Or., for plaintiffs.

Charles H. Turner, U.S. Atty., Thomas C. Lee, Asst. U.S. Atty., John R. Seeronen, Asst. District Counsel, Army Corps of Engineers, Portland, Or., Dorothy R. Burakreis, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for defendants.

OPINION AND ORDER

JAMES M. BURNS, District Judge.

I. INTRODUCTION

Oregon Natural Resources Council (ONRC) brought this action to enjoin the Corps of Engineer's (Corps) construction of a dam at Elk Creek in the Rogue River Basin in Southern Oregon. ONRC sought a preliminary injunction; the Corps opposed this motion, and also responded with a motion for summary judgment.

ONRC initially charged the Corps with violating both the National Environmental...

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