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SIERRA CLUB v. MARSH

No. 87-5531.

816 F.2d 1376 (1987)

SIERRA CLUB, a California non-profit corporation; League for Coastal Protection, a California non-profit corporation, Plaintiffs-Appellants, v. John O. MARSH, Jr., Secretary of the Army; Colonel Fred Butler, District Engineer of the U.S. Army Corps of Engineers; Elizabeth Dole, Secretary of Transportation; Ray A. Barnhart, Administrator of the Federal Highway Administration; Leo J. Trombatore, Director of the California Department of Transportation; County of San Diego; City of Chula Vista; Donald P. Hodel, Secretary of the Interior; Santa Fe Land Improvement Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1987.

Attorney(s) appearing for the Case

Laurens H. Silver, San Francisco, Cal., for plaintiffs-appellants.

Eileen Sobeck, Washington, D.C., Robert L. Meyer, George B. Blackmar, and Robert M. Gans, San Diego, Cal., for defendants-appellees.

Before GOODWIN, SNEED and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

The Sierra Club and the League for Coastal Protection appeal the district court's denial of their motion for a preliminary injunction halting construction of a combined highway and flood control project in southern San Diego County. They assert that the County of San Diego's failure to transfer 188 acres of land necessary to mitigate the project's effects on two endangered species of birds and the possibility of increased development on nearby...

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