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SIERRA CLUB v. MARSH

Civ. No. 88-0116-B.

701 F.Supp. 886 (1988)

SIERRA CLUB, et al., Plaintiffs, v. John O. MARSH, Jr., et al., Defendants.

United States District Court, D. Maine.

On Motion For Stay October 19, 1988.

Supplemental Memorandum November 7, 1988.

Attorney(s) appearing for the Case

Edward F. Lawson, Weston, Patrick, Willard & Redding, Boston, Mass., Tybe A. Brett, Portland, Me., for plaintiffs.

Thomas G. Reeves, Chief Counsel, Legal Div. Me. Dept. of Transp., Augusta, Me., for Maine Dept. of Transp.

Daniel S. Goodman, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Washington, D.C., Michale Dubose, Asst. U.S. Atty., Bangor, Me., for U.S.

MEMORANDUM DECISION ON MOTION FOR PRELIMINARY INJUNCTION

CYR, Chief Judge.

This is the third round of litigation over the proposed development of a marine dry cargo terminal on Sears Island in Penobscot Bay. The plaintiffs, Sierra Club and two of its members, seek declaratory and injunctive relief suspending the permits recently issued for the Sears Island project by the United States Army Corps of Engineers [the Corps] and the United States Coast Guard...

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