Oregon Natural Resources Council v. Marsh

52 F.3d 1485 40 ERC 1872 , 25 Envtl. L. Rep. 20 ,885, 95 Daily Journal D.A.R. 8755 OREGON NATURAL RESOURCES COUNCIL; Rogue Flyfishers; Rogue River Guides Association; and Oregon Guides and Packers Association, Inc., 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. Nos. 93-36122, 94-35370. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 31, 1994. Decided April 21, 1995. As Amended on Denial of Rehearing June 29, 1995. Neil S. Kagan, Portland, OR, for plaintiffs-appellants. Vicki L. Plaut, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before: FLETCHER, D.W. NELSON, and RYMER, Circuit Judges. Opinion by Judge FLETCHER; Partial Concurrence and Partial Dissent by Judge RYMER. FLETCHER, Circuit Judge: The plaintiffs appeal the district court's dismissal of their suit under the National Environmental Policy Act…