VILLAGE OF LOS RANCHOS DE ALBUQUERQUE v. MARSH

Nos. 90-2012, 90-2026, 90-2052.

956 F.2d 970 (1992)

VILLAGE OF LOS RANCHOS DE ALBUQUERQUE; Anne Bullock; Steven Ruffennach; Edward Banks; Bill Derr; R.E. Clark; Ann Clark; Conrad Stack; Arnold Sargeant; Kit Sargeant; Rio Grande Valley Preservation Society, Plaintiffs-Appellants, v. John O. MARSH, Secretary of the Department of the Army; Kent R. Genser, Colonel, District Engineer for the Albuquerque District of the Army Corps of Engineers; Frank Dunkle, Director of the United States Fish and Wildlife Service; Manuel Lujan, Jr., Secretary of the Department of the Interior; Henry J. Hatch, Lieutenant General; Michael Spear, Region 2 (Southwest Region) of the Fish and Wildlife Service; City of Albuquerque, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 11, 1992.


EBEL, Circuit Judge.

The appellants have filed a Petition for Rehearing and Suggestion for Rehearing en Banc to reconsider the decision rendered in our unpublished Order and Judgment of October 24, 1991. 947 F.2d 955 (10th Cir. 1991). In that Order, we applied an "arbitrary and capricious" standard to review an agency determination that a proposed project would not have an environmentally significant impact sufficient to require an Environmental Impact Statement ...

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