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NATIONAL AUDUBON SOCIETY, INC v. WATT

Nos. 81-1641, 81-1763.

678 F.2d 299 (1982)

NATIONAL AUDUBON SOCIETY, INC., a Nonprofit Corporation v. James G. WATT, Secretary of the Department of the Interior of the United States, Both Individually and in His Official Capacity, et al. Appeal of The STATE OF NORTH DAKOTA and Garrison Diversion Conservancy District. NATIONAL AUDUBON SOCIETY, INC., a Nonprofit Corporation v. James G. WATT, Secretary of the Department of the Interior of the United States, Both Individually and in His Official Capacity, et al. Appeal of The STATE OF NORTH DAKOTA and Garrison Diversion Conservancy District.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 1982.

Attorney(s) appearing for the Case

Frederick L. Miller, Jr., Washington, D. C., with whom J. Cathy Lichtenberg, Washington, D. C., was on the brief, for appellants State of North Dakota, et al.

James C. Kilbourne, Atty., Dept. of Justice, Washington, D. C., with whom Robert K. Klarquist, Atty., Dept. of Justice, Washington, D. C., was on the brief, for appellants Secretary Watt, et al. Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., entered an appearance for Secretary Watt, et al.

Bruce J. Terris, Washington, D. C., for appellee Nat. Audubon Society, Inc.

Before WRIGHT, MacKINNON and WILKEY, Circuit Judges.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Concurring opinion filed by Circuit Judge MacKINNON.

J. SKELLY WRIGHT, Circuit Judge:

This appeal arises out of protracted litigation concerning the federal government's plans to construct a 250,000-acre water development project, the Garrison Diversion Unit, in North Dakota. In 1977, in connection with a suit by the National Audubon Society (Audubon) seeking injunctive relief for alleged...

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