Supreme Court of United States.https://leagle.com/images/logo.png
Argued January 21, 1981.
Decided April 28, 1981.
Attorney(s) appearing for the Case
Roderick Walston, Deputy Attorney General of California, argued the cause for petitioners in both cases. With him on the briefs for petitioners in No. 79-1252 were George Deukmejian, Attorney General, R. H. Connett, Assistant Attorney General, and Gregory K. Wilkinson, Deputy Attorney General. Warren J. Abbott, Victor E. Gleason, Albert T. Henley, Daniel F. Gallery, and Clifford W. Schulz filed briefs for petitioners in No. 79-1502.
Elinor Hadley Stillman argued the cause in both cases for the federal parties, respondents under this Court's Rule 19.6. With her on the briefs were Solicitor General McCree, Acting Assistant Attorney General Macbeth, Deputy Solicitor General Claiborne, Jacques B. Gelin, and Robert L. Klarquist.
John B. Clark argued the cause for respondents Sierra Club et al. in both cases. With him on the brief were James E. Harrington, Robert B. Thum, and Michael R. Sherwood.†
Briefs of amici curiae urging affirmance were filed by James A. Hourihan, Harold E. Masback III, and Kenneth S. Kamlet for the National Wildlife Federation et al., and by John B. Clausen, Cressey H. Nakagawa, Gerald A. Sherwin, Richard W. Dickenson, Dante John Nomellini, and John A. Wilson for the Public Water Agencies.
Supreme Court of United States.
JUSTICE WHITE delivered the opinion of the Court.
Under review here is a decision of the Court of Appeals for the Ninth Circuit holding that private parties may sue under the Rivers and Harbors Appropriation Act of 1899 to enforce § 10 of that Act. An environmental organization and two private citizens (hereafter respondents)1 seek to enjoin the construction and operation of water diversion...
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