Sylvester v. U.S. Army Corps Of Engineers

884 F.2d 394 30 ERC 1325 Frederic D. SYLVESTER, Plaintiff-Appellee/Cross-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, Defendants-Appellants, and Perini Land & Development Company, a Delaware corporation, Defendant-Appellant/Cross-Appellee. Nos. 88-15376, 88-15477 and 88-15604. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1989. Decided March 27, 1989. As Amended on Denial of Rehearing and Rehearing En Banc Aug. 22, 1989. Peter R. Steenland, Jr., Elizabeth Ann Peterson, Department of Justice, Washington, D.C., for defendants-appellants. John M. Collette, Collette & Erickson, San Francisco, Cal., for defendant-appellant/cross-appellee. Terry J. Houlihan, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for plaintiff-appellee Cross-Appellant. Michael J. Bean, Environmental Defense Fund, Wm. Robert Irvin,…