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Oregon Natural Resources Council v. O. Marsh

United States Court of Appeals, Ninth Circuit
Jul 24, 1989
880 F.2d 242 (9th Cir. 1989)

Opinion

No. 86-3670.

July 24, 1989.

On Remand from the United States Supreme Court.

Before WALLACE, FERGUSON and NORRIS, Circuit Judges.


ORDER

The decision of the district court denying an injunction to stop construction by the Army Corps of Engineers of a dam on Elk Creek in southern Oregon was affirmed in part and reversed in part by this court, Judge Wallace concurring in part and dissenting in part. Oregon Natural Resources Council v. Marsh, 832 F.2d 1489 (9th Cir. 1987).

The Supreme Court, in Marsh v. Oregon Natural Resources Council, ___ U.S. ___, 109 S.Ct. 1851, 104 L.Ed.2d 377 (1989), reversed only in part the decision of this court regarding the material that must be set forth in an Environmental Impact Statement (EIS) prepared pursuant to the requirements of the National Environmental Policy Act (NEPA). The other parts of this court's decision were neither challenged by the parties nor considered by the Supreme Court.

The decision of the district court is affirmed in part, reversed in part, and remanded for entry of appropriate relief consistent with the opinions of this court and the Supreme Court.

All applications for attorney fees are remanded to the district court for appropriate disposition.


Summaries of

Oregon Natural Resources Council v. O. Marsh

United States Court of Appeals, Ninth Circuit
Jul 24, 1989
880 F.2d 242 (9th Cir. 1989)
Case details for

Oregon Natural Resources Council v. O. Marsh

Case Details

Full title:OREGON NATURAL RESOURCES COUNCIL, OREGON GUIDES AND PACKERS ASSOCIATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 24, 1989

Citations

880 F.2d 242 (9th Cir. 1989)

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