Sylvester v. U.S. Army Corps Of Engineers

882 F.2d 407 30 ERC 1331 , 19 Envtl. L. Rep. 21 ,348 Frederic D. SYLVESTER, Plaintiff-Appellant, v. U.S. ARMY CORPS OF ENGINEERS, Wayne J. Scholl, in his official capacity as District Engineer of the Corps; Patrick Kelley, in his official capacity as San Francisco Division Engineer of the Corps; Robert W. Page, in his official capacity as Assistant Secretary of the Army for Civil Works; John O. Marsh, Jr., in his official capacity as Secretary of the Army, Lee M. Thomas, in his official capacity as Administrator of the Environmental Protection Agency; and Perini Land & Development Company, a Delaware corporation, Defendants-Appellees. No. 89-15592. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1989. Decided Aug. 11, 1989. Terry J. Houlihan, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for plaintiff-appellant. John M. Collette, Collette & Erickson, San Francisco, Cal., Elizabeth Petterson, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before CHOY, SNEED and NOONAN, Circuit Judges. SNEED, Circuit Judge: 1 Sylvester appeals…