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OREGON NATURAL RESOURCES COUNCIL v. MARSH

Civ. Nos. 85-6433-BU, 92-1550-BU.

845 F.Supp. 758 (1994)

OREGON NATURAL RESOURCES COUNCIL, et al., Plaintiffs, v. John O. MARSH, Jr., in his official capacity as Secretary of the United States Department of the Army, et al., Defendants. OREGON NATURAL RESOURCES COUNCIL, et al., Plaintiffs, v. Ernest J. HARRELL, in his official capacity as Commander and Division Engineer, North Pacific Division, Corps of Engineers, United States Department of the Army, et al., Defendants.

United States District Court, D. Oregon.

As Amended February 10, 1994.

Attorney(s) appearing for the Case

Neil S. Kagan, Portland, OR, for plaintiffs.

Brian L. Ferrell, U.S. Dept. of Justice, Environmental and Natural Resources Div., General Litigation Section, Washington, DC, Thomas C. Lee, U.S. Atty., Portland, OR, for defendants.

Opinion and Order

JAMES M. BURNS, Senior District Judge.

This dam case is back again. Its progress through the judicial system has resulted in less than half a dam, and, as the caption reflects, a second lawsuit. Plaintiffs seek mandatory injunctive relief ordering the removal of the partially completed dam from Elk Creek. Defendants seek dissolution of the present injunction so that further planning, design...

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