OREGON NATURAL RESOURCES COUNCIL v. MARSH

Civ. No. 85-6433-BU.

677 F.Supp. 1072 (1987)

OREGON NATURAL RESOURCES COUNCIL, et al., Plaintiffs, v. John O. MARSH, Jr., in his official capacity as Secretary of the United States Department of the Army, et al., Defendants.

United States District Court, D. Oregon.

August 31, 1987.


Attorney(s) appearing for the Case

Gary K. Kahn, Reeves & Kahn, Neil S. Kagan, Portland, Or., for plaintiffs.

Thomas C. Lee, Asst. U.S. Atty., Portland, Or., Dorothy R. Burakreis, Land and Natural Resources Div., General Litigation Section, U.S. Dept. of Justice, Washington, D.C., John R. Seeronen, Asst. Dist. Counsel, Portland, Or., of counsel, for defendants.


OPINION AND ORDER

JAMES M. BURNS, District Judge.

I. INTRODUCTION

This dam case is back. When the case was here before, there was only a dam plan. Now there is half a dam.1 The chore assigned on remand by the Court of Appeals requires me to determine what sort of half dam is a good (i.e., safe) half dam and which is a bad (i.e., unsafe) half dam. This assignment might seem strange, since my efforts earlier to determine...

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