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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. MORTON

No. 71-2031.

458 F.2d 827 (1972)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Appellees, v. Rogers C. B. MORTON, in his official capacity as Secretary of the Department of Interior, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 1972.

Attorney(s) appearing for the Case

Mr. Edmund B. Clark, Atty. for the Department of Justice, with whom Messrs. Shiro Kashiwa, Asst. Atty. Gen., and Thomas L. McKevitt, Atty., Department of Justice, were on the pleadings for appellants.

Mr. Thomas B. Stoel, Jr., Washington, D.C., for appellees.

Mr. John H. Pickering, Washington, D.C., Attorney for Chevron Oil Company, by special leave of Court was permitted to file a suggestion as amicus curiae.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

LEVENTHAL, Circuit Judge:

This appeal raises a question as to the scope of the requirement of the National Environmental Policy Act (NEPA)1 that environmental impact statements contain a discussion of alternatives. Before us is the Environmental Impact Statement filed October 28, 1971, by the Department of Interior with respect to its proposal, under § 8 of the Outer Continental Shelf Lands Act,2 for the...

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