Friends Of The Payette v. Horseshoe Bend Hydroelectric Co.

988 F.2d 989 23 Envtl. L. Rep. 20 ,530 FRIENDS OF THE PAYETTE, and Idaho Rivers United, Inc., Plaintiffs-Appellants, v. HORSESHOE BEND HYDROELECTRIC CO.; United States Army Corps of Engineers; Robert Volz, District Engineer of United States Army Corps of Engineers, Defendants-Appellees. No. 92-36611. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 5, 1993. Decided March 19, 1993. Jim Jones, Boise, ID, for plaintiffs-appellants. D. Marc Haws, Asst. U.S. Atty., Boise, ID, David P. Hirschi, Salt Lake City, UT, for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before: WRIGHT, Senior Circuit Judge, and FARRIS and KLEINFELD, Circuit Judges. EUGENE A. WRIGHT, Senior Circuit Judge: 1 Two environmental groups allege that the Army Corps of Engineers violated the National Environmental Policy Act by issuing a dredge-and-fill permit for a hydroelectric project without preparing an environmental impact statement. Because we conclude that the Corps' action was not arbitrary and capricious, we affirm the district court's dismissal of the action. 2 * On March 10, 1992, the Horseshoe Bend Hydroelectric Company began…