SIERRA CLUB v. MARSH

No. 85-1098.

769 F.2d 868 (1985)

SIERRA CLUB, Plaintiff, Appellant, v. John O. MARSH, Jr., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 9, 1985.


Attorney(s) appearing for the Case

Edward F. Lawson, Boston, Mass., with whom Peter L. Koff and Koff & Lawson, Boston, Mass., were on brief for plaintiff, appellant.

Kevin A. Gaynor, Asst. U.S. Atty., with whom Cabanne Howard, Asst. Atty. Gen., Augusta, Me., and Richard S. Cohen, U.S. Atty., Portland, Me., were on brief for defendants, appellees.

Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.


BREYER, Circuit Judge.

This case embodies an argument about whether a cargo port and a causeway that Maine plans to build at Sears Island will "significantly affect[] the environment." 42 U.S.C. § 4332(2)(C). Maine's Department of Transportation, the Federal Highway Administration, and the Army Corps of Engineers concluded that it would not; thus, they decided to fund, to grant permits for, and to proceed with, the project without preparing an Environmental Impact...

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