SIERRA CLUB v. MORTON

No. 74-1389.

514 F.2d 856 (1975)

SIERRA CLUB et al., Appellants, v. Rogers C. B. MORTON, Secretary of the United States Department of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 1975.


Attorney(s) appearing for the Case

Bruce J. Terris, Washington, D. C., with whom Suellen T. Keiner, Washington, D. C., was on the brief, for appellants.

Jacques B. Gelin, Atty. Dept. of Justice, with whom Wallace H. Johnson, Asst. Atty. Gen., and Raymond N. Zagone and Herbert Pittle, Attys., Dept. of Justice, were on the brief, for appellee Morton. Edmund E. Clark, Atty., Dept. of Justice, also entered an appearance for appellee Morton.

Francis M. Shea, Washington, D. C., with whom Richard T. Conway, David Booth Beers, Washington, D. C., and William H. Coldiron, Butte, Mont., were on the brief, for appellees Montana Power Co., Portland General Elec. Co., Puget Sound Power & Light Co., and Washington Water Power Co., and also argued on behalf of all other appellees.

Richard M. Merriman, Peyton G. Bowman, III, and James K. Mitchell, Washington, D. C., were on the brief for appellees Arkansas Power & Light Co., Oklahoma Gas & Elec. Co., and Wisconsin Power & Light Co.

Henry B. Weaver and John E. Nolan, Jr., Washington, D. C., were on the brief for appellee Atlantic Richfield Co. Frank B. Friedman, Los Angeles, Cal., also entered an appearance for appellee Atlantic Richfield Co.

James W. McDade, Washington, D. C., was on the brief for appellee Peabody Coal Co.

Justin R. Wolf, Charles A. Case, Jr., and David B. Ward, Washington, D. C., were on the brief for appellee Northern Natural Gas Co.

Robert L. Ackerly and Joseph S. Wager, Washington, D. C., were on the brief for appellee Panhandle Eastern Pipe Line Co.

Peter J. Nickles, Washington, D. C., was on the brief for appellees American Elec. Power System and Kerr-McGee Corp.

Stuart T. Saunders, Jr., William A. White, Washington, D. C., and George J. Miller, Philadelphia, Pa., were on the brief for appellee Westmoreland Resources. Max Wilfand, Washington, D. C., also entered an appearance for appellee Westmoreland Resources.

John D. Ross was on the brief for appellee Crow Tribe of Indians. L. Graeme Bell, III, Washington, D. C., also entered an appearance for appellee Crow Tribe of Indians.

Dale A. Wright and Harold L. Talisman, Washington, D. C., were on the brief for appellee Cities Service Gas Co.

Max N. Edwards, Washington, D. C., was on the brief for appellee McDonough.

Before BAZELON, Chief Judge, and WRIGHT and MacKINNON, Circuit Judges.


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

Dissenting opinion filed by Circuit Judge MacKINNON.

J. SKELLY WRIGHT, Circuit Judge:

Appellants brought suit in District Court seeking declaratory judgment, injunction, and mandamus against the federal appellees, the Departments of the Interior, the Army, and Agriculture, alleging that appellees had violated Section 102(2) of the National Environmental Policy Act (NEPA), 42 U.S.C. §...

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