OREGON NATURAL RESOURCES COUNCIL v. HARRELL

Nos. 94-35302, 94-35380.

52 F.3d 1499 (1995)

OREGON NATURAL RESOURCES COUNCIL; Oregon Guides & Packers Association, Inc.; Rogue Flyfishers, Inc.; Waterwatch of Oregon, Inc.; and American Rivers, Inc., Plaintiffs-Appellants, 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; John E. Lowe, in his official capacity as Regional Forester, Pacific Northwest Region, Forest Service, United States Department of Agriculture; and D. Dean Bibles, in his official capacity as State Director, Oregon/Washington, Bureau of Land Management, United States Department of Interior; Defendants-Appellees. OREGON NATURAL RESOURCES COUNCIL; Oregon Guides & Packers Association, Inc.; Rogue Flyfishers, Inc.; Waterwatch of Oregon, Inc.; and American Rivers, Inc., Plaintiffs-Appellees, 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; John E. Lowe, in his official capacity as Regional Forester, Pacific Northwest Region, Forest Service, United States Department of Agriculture; and D. Dean Bibles, in his official capacity as State Director, Oregon/Washington, Bureau of Land Management, United States Department of Interior; Defendants, and United States of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1995.


Attorney(s) appearing for the Case

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

Vicki L. Plaut, Environment & Natural Resources Div., U.S. Department of Justice, Washington, DC, for defendants-appellees-cross-appellant.

Peter M.K. Frost, National Wildlife Federation, Portland, OR, for amicus curiae.

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


RYMER, Circuit Judge:

This is a companion case to Oregon Natural Resources Council v. Marsh (Marsh VII), 52 F.3d 1485 (9th Cir.1994).1 ONRC2 brought this action against Ernest J. Harrell, the Commander and Division Engineer of the Army Corps of Engineers (Corps), John E. Lowe, the Regional Forester of the United States Forest Service, and D. Dean Bibles, the Oregon/Washington...

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