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MONONGAHELA POWER CO. v. MARSH

Civ. A. No. 78-1712.

699 F.Supp. 324 (1988)

MONONGAHELA POWER COMPANY, the Potomac Edison Company, West Penn Power Company, Plaintiffs, v. John O. MARSH, Jr., Lieutenant General John W. Morris, Colonel Max R. Janairo, Jr., Colonel Joseph A. Yore, Corps of Engineers, Defendants, The State of West Virginia, the Sierra Club, West Virginia Highlands Conservancy, National Wildlife Federation, Environmental Defense Fund, the National Audubon Society, Intervenors-Defendants.

United States District Court, District of Columbia.

As Corrected November 9, 1988.

Attorney(s) appearing for the Case

David I. Granger, Clifford & Warnke, Washington, D.C., for plaintiffs.

Bradley S. Bridgewater, Environmental Defense Section, Land and Natural Resources Div., Dept. of Justice, Washington, D.C., for defendants.

Ronald J. Wilson, Washington, D.C., C. William Ullrich, First Deputy, Atty. Gen.'s Office, State of W. Va., Charleston, W. Va., for intervenors-defendants.

MEMORANDUM

JOHN LEWIS SMITH, Jr., District Judge.

On July 25, 1988 this Court granted plaintiffs' motion for summary judgment on their claim that the Corps denied them the opportunity to submit meaningful comments on a number of documentary materials and ex parte communications. The Corps has moved for reconsideration of that decision alleging that the Court disregarded several of its factual and legal arguments. For the reasons set forth in the following...

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