Full Case Name
Halcyn OLENEC; John B. Jones III; Julie Jones; Thomas Stark; Teri Stark; Larry White; Bandon Woodlands Community Association, and Oregon Coast Alliance, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, an agency of the National Oceanic and Atmospheric Administration; Barry A. Thom, in his official capacity as Acting Regional Administrator; United States Army Corps of Engineers, an agency of the Department of the Army; and Robert L. Van Antwerp Jr., Lt. General in his official capacity as the Chief of Engineers and Commanding General for the Corps; Defendants
Description
Organizations and individuals who list, visit, and recreate near the proposed mines challenged agency decisions allowing Oregon Resources Corp. (ORC) to operate chromite mines. Court found that the plaintiffs did not show the injunction would be in the public interest or that ORC did not adequately address environmental concerns.
Date
01-28-2011
Court
United States District Court for the District of Oregon
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Coos County, OR
Disputed Act
Under the APA, organizations and individuals who list, visit, and recreate near proposed mines challenged agency decisions allowing Oregon Resources Corp. to operate chromite mines; stated extraction of chromium will impact wetlands and wildlife. Plaintiffs alleged irreparable harm, including light pollution which would impact human habitation.
Holding
The Court found that the organizations and individuals did not show that their Motion for a Temporary Restraining Order and Preliminary Injunction would be in the public interest or that ORC did not adequately address environmental concerns.
Disposition