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No. 8980221
United States Court of Appeals for the Ninth Circuit
Oregon Natural Resources Council v. Marsh
No. 8980221 · Decided July 24, 1989
No. 8980221·Ninth Circuit · 1989·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 24, 1989
Citation
No. 8980221
Disposition
See opinion text.
Full Opinion
ORDER The decision of the district court denying an injunction to stop construction by the Army Corps of Engineers of a dam on Elk Creek in southern Oregon was affirmed in part and reversed in part by this court, Judge Wallace concurring in part and dissenting in part. Oregon Natural Resources Council v. Marsh, 832 F.2d 1489 (9th Cir.1987). The Supreme Court, in Marsh v. Oregon Natural Resources Council, — U.S. -, 109 S.Ct. 1851 , 104 L.Ed.2d 377 (1989), reversed only in part the decision of this court regarding the material that must be set forth in an Environmental Impact Statement (EIS) prepared pursuant to the requirements of the National Environmental Policy Act (NEPA). The other parts of this court’s decision were neither challenged by the parties nor considered by the Supreme Court. The decision of the district court is affirmed in part, reversed in part, and remanded for entry of appropriate relief con *243 sistent with the opinions of this court and the Supreme Court. All applications for attorney fees are remanded to the district court for appropriate disposition.
Plain English Summary
ORDER The decision of the district court denying an injunction to stop construction by the Army Corps of Engineers of a dam on Elk Creek in southern Oregon was affirmed in part and reversed in part by this court, Judge Wallace concurring in
Key Points
01ORDER The decision of the district court denying an injunction to stop construction by the Army Corps of Engineers of a dam on Elk Creek in southern Oregon was affirmed in part and reversed in part by this court, Judge Wallace concurring in
021851 , 104 L.Ed.2d 377 (1989), reversed only in part the decision of this court regarding the material that must be set forth in an Environmental Impact Statement (EIS) prepared pursuant to the requirements of the National Environmental Pol
03The other parts of this court’s decision were neither challenged by the parties nor considered by the Supreme Court.
04The decision of the district court is affirmed in part, reversed in part, and remanded for entry of appropriate relief con *243 sistent with the opinions of this court and the Supreme Court.
Frequently Asked Questions
ORDER The decision of the district court denying an injunction to stop construction by the Army Corps of Engineers of a dam on Elk Creek in southern Oregon was affirmed in part and reversed in part by this court, Judge Wallace concurring in
FlawCheck shows no negative treatment for Oregon Natural Resources Council v. Marsh in the current circuit citation data.
This case was decided on July 24, 1989.
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