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IZAAK WALTON LEAGUE OF AMERICA v. ST. CLAIR

Nos. 73-1407, 73-1408 and 73-1409.

497 F.2d 849 (1974)

IZAAK WALTON LEAGUE OF AMERICA, Appellee, v. George W. ST. CLAIR et al., Appellants. IZAAK WALTON LEAGUE OF AMERICA, Appellee, v. Robert L. HERBST, Commissioner of Conservation of the State of Minnesota, Appellant. Earl L. BUTZ et al., Appellants, v. IZAAK WALTON LEAGUE OF AMERICA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 17, 1974.

Attorney(s) appearing for the Case

Eva Datz, Land & Natl. Resources Div., Appellate Sect., Dept. of Justice, Washington, D. C., William P. O'Brien, Duluth, Minn., and Philip Olfelt, Asst. Atty. Gen., Dept. of Natural Resources, St. Paul, Minn., for appellants.

Raymond A. Haik, Minneapolis, Minn., for appellee.

Before GIBSON, STEPHENSON, and WEBSTER, Circuit Judges.

GIBSON, Circuit Judge.

The Izaak Walton League of America (hereafter the League) brought this action for declaratory judgment to determine the extent of the mineral rights possessed by George W. St. Clair and his successors in interest1 and the validity of his attempted exercise of those rights within the Boundary Waters Canoe Area (BWCA).

The BWCA, consisting of some one million acres, is a part of Superior National Forest, and...

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