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SIERRA CLUB v. STAMM

No. 74-1425.

507 F.2d 788 (1974)

SIERRA CLUB, a non-profit California Corporation, et al., Plaintiffs-Appellants, v. Gilbert STAMM, Individually and as Commissioner, U.S. Bureau of Reclamation, et al., Defendants-Appellees, and State of Utah: Central Utah Water Conservancy District, et al., Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 23, 1974.

Attorney(s) appearing for the Case

Dennis F. Olsen, Salt Lake City (H. Anthony Ruckel, Denver, Colo., Curtis K. Oberhansly, and Kinghorn, Oberhansly & O'Connell, Salt Lake City, Utah, on the brief), for plaintiffs-appellants.

Dirk D. Snel, Atty., Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., C. Nelson Day, U.S. Atty., Raymond N. Zagone and Andrew F. Walch, Attys., Dept. of Justice; and Ronald L. Staten, Atty., Dept. of the Interior, of counsel, on the brief), for defendants-appellees.

Edward W. Clyde, Salt Lake City, Utah (Dallin W. Jensen, Asst. Atty. Gen., and Joseph Novak, Provo, Utah and Hugh W. Colton, Vernal, Utah, on the brief), for defendants in intervention-appellees.

Before HILL, McWILLIAMS and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

This proceeding was instituted in the United States District Court for the District of Utah by four nonprofit environmental corporations against the Secretary of the Interior, Rogers C. B. Morton, and certain officers of the Bureau of Reclamation. The State of Utah and its state water districts later intervened as intervening defendants. The plaintiffs sought declaratory judgment and injunctive relief based on the alleged failure of the...

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