Oregon Natural Resources Council v. Marsh

832 F.2d 1489 18 Envtl. L. Rep. 20 ,321 OREGON NATURAL RESOURCES COUNCIL, Oregon Guides and Packers Assn., Inc., Rogue Flyfishers, Inc., and Rogue River Guides Assn., 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. No. 86-3670. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1986. Decided June 23, 1987. Amended Nov. 24, 1987. Neil S. Kagan, Portland, Or., for plaintiffs-appellants. Dorothy R. Burakreis, Washington, D.C., and Laura Frossard, Washington, D.C., for defendants-appellees. James H. Boldt, Grants Pass, Or., for amicus curiae Josephine County. Appeal from the United States District Court for the District of Oregon. Before WALLACE, FERGUSON and NORRIS, Circuit Judges. AMENDED OPINION FERGUSON, Circuit Judge: 1 Plaintiffs, the Oregon Natural Resources Council, Oregon Guides and Packers Association, Rogue Flyfishers, Inc., and Rogue River Guides Association ("Resources Council"), appeal the denial of an injunction to stop…