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FRIENDS OF THE EARTH v. HINTZ

No. 84-4176.

800 F.2d 822 (1986)

FRIENDS OF THE EARTH; Federation of Western Outdoor Clubs; Seattle Audubon Society; Northwest Steelhead and Salmon Council; North Beach Environmental Coalition, Inc., Plaintiffs/Appellants, v. Colonel Norman C. HINTZ, Seattle District Engineer, Corps of Engineers; William R. Gianelli, Assistant Secretary for Civil Works, Department of the Army; Corps of Engineers, a department of the United States Army; and ITT-Rayonier, Inc., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 12, 1986.

Attorney(s) appearing for the Case

Michael W. Gendler, Bricklin & Gendler, Seattle, Wash., for plaintiffs-appellants.

Linda McCorkle, Charles Goldmark, John W. Phillips, Seattle, Wash., F. Henry Habiaht, II, U.S. Dept. of Justice, Washington, D.C. for defendants-appellees.

Before REINHARDT and BEEZER, Circuit Judges, and COYLE, District Judge.

COYLE, District Judge:

On January 10, 1983, the Army Corps of Engineers issued a permit pursuant to Section 404 of the Clean Water Act, 33 U.S.C. section 1344, to appellee ITT Rayonier, Inc. ("Rayonier"). The permit authorizes Rayonier to fill a seventeen acre area as part of its sawmill/sorting yard/log export complex located in Grays Harbor on Washington's Pacific Coast within the City of Hoquiam. Appellants1 appeal the district court...

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