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SIERRA CLUB v. MARSH

Civ. No. 88-0116-B.

744 F.Supp. 352 (1989)

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

United States District Court, D. Maine.

November 1, 1989.

Attorney(s) appearing for the Case

Edward F. Lawson, Weston, Patrick, Willard & Redding, Boston, Mass., John C. Page, Zuckerman, Avaunt & Devine, Gray, Me., for plaintiffs.

Charles J. Sheehan, Daniel S. Goodman, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Washington, D.C., for Marsh, Rhen, Burnley and Richardson.

Michael M. Dubose, Asst. U.S. Atty., Bangor, Me., for U.S.

Thomas G. Reeves, Janet Myers, Chief Counsel, Legal Div., Maine Dept. of Transp., Augusta, Me., John Quarles, Anthony C. Roth, Leslie S. Ritts, Washington, D.C., for Maine Dept. of Transp.

MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT ON NEPA CLAIMS

CYR, Chief Judge.

The plaintiffs, Sierra Club and two of its members, request declaratory and injunctive relief suspending federal permits issued for the construction of a marine dry cargo terminal on Sears Island in Penobscot Bay. Plaintiffs contend that permits issued by the United States Army Corps of Engineers [the Corps] and by the United

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