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Petterson v. Resor

Citation: 2 ELR 20013
No. No. 71-283, 331 F. Supp. 1302/3 ERC 1170/(D. Or., 10/04/1971)

The Secretary of the Army has the authority under the Rivers and Harbors Act of 1899 to permit the dredging and filling of the Columbia River for purpose of the extension of a runway of the Portland International Airport without first obtaining Congressional approval because the resulting structures will not obstruct navigation of the river. Plaintiffs have standing to challenge the Corps permit because they own land on or near the river and allege that their property will be damaged if the construction is permitted.

Counsel for Plaintiffs
Marvin B. Durning
1411 Fourth Avenue Building
Seattle, Washington 98101

Counsel for Defendants
Sidney I. Lezak U.S. Attorney
Jack G. Collins First Ass't U.S. Attorney
506 U.S. Courthouse, Box 71
Portland, Oregon 97204