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NORTHWEST ENVIRONMENTAL DEFENSE v. U.S. ARMY CORPS

No. CIV. 99-1380-HU.

118 F.Supp.2d 1115 (2000)

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS; Boeing-Agri Industrial Company; Inland Land Company, LLC; R.D. Offutt Company; Taggares Farms, Inc.; and Double T Farming, Defendants.

United States District Court, D. Oregon.

September 8, 2000.

Attorney(s) appearing for the Case

Thane W. Tienson, Landye Bennett Blumstein, Portland, OR, for Northwest Environmental Defense Center.

Thomas C Lee, U.S. Attorney's Office, Portland, OR, Fred Disheroon, U.S. Dept of Justice, Env. & Natural Resource Div., Washington, DC, for U.S. Army Corps of Engineers.

Thomas E Lindley, Perkins Coie, Portland, OR, for Boeing-Agri Industrial Co.

Per A Ramfjord, Stoel Rives LLP, Portland, OR, Rodney L. Brown, Gregory T. Costello, Marten & Brown LLP, Seattle, WA, for Inland Land Co.

Thomas E. Lindley, Elizabeth Schwartz, Perkins Coie, Portland, OR, Karen M McGaffey, Perkins Coie, Seattle, WA, for RD Offutt Co.

James P Laurick, Kilmer Voorhees & Laurick PC, Portland, OR, for Taggares Farms, Inc.

ROBERT E. JONES, District Judge.

After review and absent objection, the recommended ruling is hereby approved and adopted.

FINDINGS AND RECOMMENDATION

HUBEL, United States Magistrate Judge.

The plaintiff, Northwest Environmental Defense Center (NEDC) brought this action under the "citizen suit" provision of the Clean Water Act, 33 U.S.C. § 1365(CWA), and the Rivers and Harbors Act of 1899, 33 U.S.C. § 403(RHA), alleging that the United...

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