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PEOPLE EX REL. VAN de KAMP v. MARSH

Nos. C-86-5817 RHS, C-86-6023 RHS.

687 F.Supp. 495 (1988)

PEOPLE of the State of California, ex rel. John K. VAN DE KAMP, Attorney General of California, and the California Regional Water Quality Control Board (San Francisco Bay Region), Plaintiffs, v. John O. MARSH, Secretary of the Army; Robert K. Dawson, Assistant Secretary of the Army for Civil Works; Patrick Kelley, Division Engineer, South Pacific Division, U.S. Army Corps of Engineers; Andrew M. Perkins, Jr., District Engineer, San Francisco District, U.S. Army Corps of Engineers; City of Oakland; Port of Oakland; Board of Port Commissioners of the Port of Oakland, Defendants. SAVE SAN FRANCISCO BAY ASSOCIATION, a nonprofit corporation; Golden Gate Audubon Society, Inc., a nonprofit corporation; and Citizens for Alameda's Last Marshlands, an unincorporated association, Plaintiffs, v. John O. MARSH, Secretary of the Army; Robert K. Dawson, Assistant Secretary of the Army for Civil Works; Patrick Kelley, Division Engineer, South Pacific Division, U.S. Army Corps of Engineers; Andrew M. Perkins, Jr., District Engineer, San Francisco District, U.S. Army Corps of Engineers; City of Oakland; Port of Oakland; Board of Port Commissioners of the Port of Oakland, Defendants.

United States District Court, N.D. California.

May 11, 1988.

Attorney(s) appearing for the Case

John K. Van de Kamp, Atty. Gen. of State of Cal., Theodora Berger, Ass't Atty. Gen., Susan L. Durbin, David W. Hamilton, Deputy Attys. Gen., San Francisco, Cal., for plaintiffs.

Winifred Berman, Shute, Mihaly & Weinberger, San Francisco, Cal., for Save San Francisco Bay Ass'n, Golden Gate Audubon Society, Inc., Sierra Club, Inc., Citizens of Alameda's Last Marshlands.

Frank Boone, San Francisco, Cal., Gerald Fish, Scott A. Schachter, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for Federal defendants.

Richard Winnie, City Atty., City of Oakland, Oakland, Cal., for City of Oakland.

Stanley P. Hebert, Port Atty., Thomas D. Clark, Asst. Port Atty., Port of Oakland, Oakland, Cal., Gary Baise, Benjamin Wilson, Amy Comstock Burton, Beveridge & Diamond, P.C., Washington, D.C., for Port of Oakland.

John H. Eft, Dist. Counsel, Dept. of the Army, San Francisco Dist. Corps of Engineers, San Francisco, Cal., for U.S. Army Corps of Engineers.

OPINION

SCHNACKE, District Judge.

A. JURISDICTION

The Court has subject matter jurisdiction over these claims because these civil actions arise under the laws of the United States [See, 28 U.S.C. § 1331].

B. FACTS

The Oakland Airport (the "Airport") project site is located immediately adjacent to existing airport facilities on diked, nontidal baylands. The project site...

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