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STEAMBOATERS v. F.E.R.C.

No. 83-6244-E.

572 F.Supp. 329 (1983)

The STEAMBOATERS, an Oregon non-profit corporation, and Jim Van Loan, Plaintiffs, v. FEDERAL ENERGY REGULATORY COMMISSION and Kenneth Plumb, Secretary; Winchester Water Control District; and Elektra Power Corporation, a California corporation, Defendants.

United States District Court, D. Oregon.

June 24, 1983.

Attorney(s) appearing for the Case

Allen L. Johnson, Bill Kloos, Lombard, Gardner, Honsowetz, Brewer & Schons, Eugene, Or., for plaintiffs.

Stephen T. Janik, Ball, Janik & Novack, Portland, Or., R. Keith Guthrie, Van Ness, Feldman, Sutcliffe, Curtis & Levenberg, Washington, D.C., for defendants Elektra Power Corp. and Winchester Water Control Dist.

Joshua Rokach, Asst. Sol. Gen., U.S. Dept. of Justice, Washington, D.C., for defendant F.E.R.C.

OPINION AND ORDER

JAMES M. BURNS, Chief Judge.

Steamboaters seeks to enjoin the construction of a hydroelectric dam on the North Umpqua River in Douglas County, Oregon. This suit claims jurisdiction on the bases of: a) Federal question, 28 U.S.C. § 1331; b) Administrative Procedure Act, 5 U.S.C. §§ 701-706; and c) Declaratory Judgments Act, 28 U.S.C. §§ 2201-02. At the core of the case, however, is a NEPA claim, 42 U.S.C. §...

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