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SIERRA CLUB v. MARSH

Civ. No. 88-0116-B.

714 F.Supp. 539 (1989)

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

United States District Court, D. Maine.

May 30, 1989.

Attorney(s) appearing for the Case

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

Michael M. DuBose, Asst. U.S. Atty., Bangor, Me., Thomas G. Reeves, Chief Counsel, Legal Div., Maine Dept. of Transp., Augusta, Me., John Quarles, Anthony C. Roth, Leslie S. Ritts, and Daniel S. Goodman, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Washington, D.C., for defendants.

MEMORANDUM OF DECISION ON RECONSIDERATION FOLLOWING REMAND

CYR, Chief Judge.

Plaintiffs, Sierra Club and two of its members, request declaratory and injunctive relief halting Maine Department of Transportation's [MDOT's] construction of a marine dry cargo terminal on the western shore of Sears Island in Upper Penobscot Bay. Plaintiffs contend that construction permits issued by the Army Corps of Engineers [the Corps] and by the United States Coast Guard...

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