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ENVIRONMENTAL DEFENSE FUND, INC. v. COSTLE

No. 79-2432.

657 F.2d 275 (1981)

ENVIRONMENTAL DEFENSE FUND, INC., Plaintiff-Appellant, v. Douglas M. COSTLE, as Administrator, U. S. Environmental Protection Agency, et al., Defendants-Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 1981.

Attorney(s) appearing for the Case

George W. Pring, Denver, Colo., with whom Paula C. Phillips, Denver, Colo., and William A. Butler, Washington, D. C., were on the brief, for appellant.

Lee C. Schroer, Atty., Environmental Protection Agency, and Thomas H. Pacheco, Atty., U. S. Dept. of Justice, Washington, D. C., with whom Angus MacBeth, Deputy Asst. Atty. Gen., and Edward J. Shawaker, Atty., U. S. Dept. of Justice, Washington, D. C., were on the brief, for federal appellees. James W. Moorman, Atty., U. S. Dept. of Justice, Washington, D. C., also entered an appearance for federal appellees.

Dennis Montgomery, Asst. Atty. Gen., Denver, Colo., with whom Evelyn R. Epstein, Asst. Atty. Gen., Phoenix, Ariz., Bruce S. Garber, Asst. Atty. Gen., Santa Fe, N. M., Dallin W. Jensen and Richard L. Dewsnup, Asst. Attys. Gen., for the State of Wyo., Salt Lake City, Utah, Emil Stipanovich, Jr., Deputy Atty. Gen., Los Angeles, Cal., and James V. LaVelle, Deputy Atty. Gen., Las Vegas, Nev., were on the brief, for state appellees.

Before TAMM and ROBINSON, Circuit Judges, and HARLINGTON WOOD, Jr., Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the court filed by Circuit Judge HARLINGTON WOOD, Jr.

HARLINGTON WOOD, Jr., Circuit Judge:

Plaintiff-appellant, the Environmental Defense Fund, Inc. ("EDF"), seeks review of an order and judgment denying its motion for summary judgment and granting federal and state defendants' cross-motions for summary judgment. EDF challenged certain action and inaction by the Environmental Protection Agency ("EPA"), the Department of the Interior ("Interior...

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