Legal Opinion
Oregon Natural Resources Council v. Marsh
District Court, D. Oregon
Decided February 10, 1994No. Civ. 85-6433-BU, 92-1550-BUPublishedCited by 4 opinions
1Opinion of the Court
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, and, ultimately, construction can go forward. Their motions are pending in the older case, Oregon Natural Resources Council v. Marsh, (Marsh). Both sides move for summary judgment under…
2Cases cited37 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
- Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
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3Cited by4 opinions
- Oregon Natural Resources Council v. MarshCourt of Appeals for the Ninth Circuit · 1995
- Oregon Natural Resources Council v. HarrellCourt of Appeals for the Ninth Circuit · 1995
- Oregon Natural Resources Council Oregon Guides & Packers Association, Inc. Rogue Flyfishers, Inc. Waterwatch of Oregon, Inc. And American Rivers, Inc. 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 Oregon Natural Resources Council Oregon Guides & Packers Association, Inc. Rogue Flyfishers, Inc. Waterwatch of Oregon, Inc. And American Rivers, Inc. 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 and United States of AmericaCourt of Appeals for the Ninth Circuit · 1995
- Oregon Natural Resources Council v. MarshCourt of Appeals for the Ninth Circuit · 1995