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OREGON NATURAL RESOURCES COUNCIL v. MARSH

No. 86-3670.

832 F.2d 1489 (1987)

OREGON NATURAL RESOURCES COUNCIL, Oregon Guides and Packers Assn., Inc., Rogue Flyfishers, Inc., and Rogue River Guides Assn., Plaintiffs-Appellants, v. John O. MARSH, Jr., in his Official Capacity as Secretary of the United States Department of the Army, and Elvin R. Heiberg, III, in his Official Capacity as Chief of Engineers of the United States Department of the Army, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 23, 1987.

Amended November 24, 1987.

Attorney(s) appearing for the Case

Neil S. Kagan, Portland, Or., for plaintiffs-appellants.

Dorothy R. Burakreis, Washington, D.C., and Laura Frossard, Washington, D.C., for defendants-appellees.

James H. Boldt, Grants Pass, Or., for amicus curiae Josephine County.

Before WALLACE, FERGUSON and NORRIS, Circuit Judges.

AMENDED OPINION

FERGUSON, Circuit Judge:

Plaintiffs, the Oregon Natural Resources Council, Oregon Guides and Packers Association, Rogue Flyfishers, Inc., and Rogue River Guides Association ("Resources Council"), appeal the denial of an injunction to stop construction by the United States Army Corps of Engineers ("Corps") of a dam on Elk Creek in Southern Oregon. The Resources Council contends that the Corps' final supplemental environmental impact statement...

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