NORTHWEST ENVIRONMENTAL DEFENSE CENTER v. WOOD

No. 95-1994-HO.

947 F.Supp. 1371 (1996)

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, Citizens for Public Accountability, and West Eugene Wetlands Friends, Plaintiffs, v. Timothy WOOD, District Engineer for the Portland District of the United States Army Corps of Engineers, Togo D. West, Jr., Secretary of the Army, and United States Army Corps of Engineers, a department of the United States Army, Defendants, and Hyundai Electronics of America and City of Eugene, Intervenors.

United States District Court, D. Oregon.

March 5, 1996.


Attorney(s) appearing for the Case

Gary Keith Kahn, Peggy Hennessy, Reeves Kahn & Eder, Portland, OR, for plaintiffs.

James L. Sutherland, Assistant U.S. Attorney, Eugene, OR, Steven E. Rusak, U.S. Dept. of Justice, Environment & Natural Resources, Washington, DC, Lois J. Schiffer, Stephanie M. Parent, U.S. Dept. of Justice, Environment & Natural Resources Division, Washington, DC, John A. Sheehan, Environmental Defense Section, Dept. of Justice, Washington, DC, for defendants.

Glenn Klein, Harrang Long Gary Rudnick, Eugene, OR, for City of Eugene.

Robert H. Fraser, Luvaas Cobb Richards & Fraser, Eugene, OR, Richard S. Gleason, Per A. Ramfjord, Stoel Rives, Portland, OR, for Hyundai Electronics of America Inc.


ORDER

HOGAN, Chief Judge.

Plaintiffs bring this action challenging the Army Corps of Engineers' decision to issue a permit allowing Hyundai Electronics of America to fill 10.4 acres of wetlands to accommodate a semiconductor fabrication plant in Eugene, Oregon. Plaintiffs argue that the issuance of the permit violates the Clean Water Act, 33 U.S.C. § 1344, and that the Army Corps of Engineers' decision not to prepare an Environmental Impact Statement...

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