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CHENOWETH v. CLINTON

No. 98-5095.

181 F.3d 112 (1999)

The Honorable Helen CHENOWETH, the Honorable Bob Schaffer, the Honorable Don Young, and the Honorable Richard W. Pombo, all in their official capacities, Appellants, v. William J. CLINTON, President of the United States, Kathleen A. McGinty, Chair of the Council on Environmental Quality, individually and in their official capacities, and the United State of America, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 1999.

Attorney(s) appearing for the Case

William Perry Pendley argued the cause and filed the briefs for appellants. Todd S. Welch entered an appearance.

Ethan G. Shenkman, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Lois J. Schiffer, Assistant Attorney General, and Martin W. Matzen, Attorney. Jared A. Goldstein, Attorney, entered an appearance.

Before: EDWARDS, Chief Judge, GINSBURG and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Opinion concurring in the judgment filed by Circuit Judge TATEL.

GINSBURG, Circuit Judge:

Appellants Helen Chenoweth, Bob Schaffer, Don Young, and Richard W. Pombo, all of whom are Members of the United States House of Representatives, sued to enjoin implementation of President Clinton's American Heritage Rivers Initiative (AHRI). They claimed the President's creation of the program by executive...

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