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SIERRA CLUB v. MARSH

Civ. No. 88-0116-B.

772 F.Supp. 13 (1991)

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

United States District Court, D. Maine.

March 29, 1991.

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.

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

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

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

MEMORANDUM DECISION AND ORDER ON MOTIONS FOR JUDGMENT ON THE STIPULATED RECORD ON THE RIVERS AND HARBORS ACT CLAIM

HORNBY, District Judge.

What remains in this lawsuit is the plaintiffs' request that this Court suspend a United States Coast Guard permit for the construction of a causeway to Sears Island in upper Penobscot Bay. The plaintiffs contend that the project does not comply with section 9 of The Rivers and Harbors Act of 1899 ("RHA"), 33 U.S.C. ...

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