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OREGON NATURAL RESOURCES COUNCIL v. MARSH

Nos. 93-36122, 94-35370.

52 F.3d 1485 (1995)

OREGON NATURAL RESOURCES COUNCIL; Rogue Flyfishers; Rogue River Guides Association; and Oregon Guides and Packers Association, Inc., Plaintiffs-Appellants, v. John O. MARSH, Jr., in his official capacity as Secretary of the United States Department of the Army, and Elvin R. Heiberg, III, in his official capacity as Chief of Engineers of the United States Department of the Army, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1995.

As Amended on Denial of Rehearing June 29, 1995.

Attorney(s) appearing for the Case

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

Vicki L. Plaut, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Before: FLETCHER, D.W. NELSON, and RYMER, Circuit Judges.

Opinion by Judge FLETCHER; Partial Concurrence and Partial Dissent by Judge RYMER.

FLETCHER, Circuit Judge:

The plaintiffs appeal the district court's dismissal of their suit under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. The district court determined that a Second Environmental Impact Statement Supplement (EISS-2), prepared by the Army Corps of Engineers ("Corps") in response to our decision in ONRC v. Marsh,<...

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