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CITIZENS AGAINST TOXIC SPRAYS, INC. v. BERGLAND

Civ. No. 76-438.

428 F.Supp. 908 (1977)

CITIZENS AGAINST TOXIC SPRAYS, INC., et al., Plaintiffs, v. Bob BERGLAND, Secretary, United States Department of Agriculture, et al., Defendants, Industrial Forestry Association, Defendant-Intervenor.

United States District Court, District of Oregon.

March 7, 1977.

Attorney(s) appearing for the Case

Bruce H. Anderson, Coons, Cole & Anderson, Eugene, Or., for plaintiffs.

Sidney I. Lezak, U.S. Atty., William B. Borgeson, Thomas C. Lee, Asst. U.S. Attys., Dist. of Oregon, Portland, Or., for defendants.

Manley B. Strayer, James P. Rogers, Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for defendant-intervenor.

SKOPIL, District Judge:

The plaintiffs in this action seek declaratory and injunctive relief prohibiting the use of phenoxy herbicides by the United States Forest Service (Forest Service) in the Siuslaw National Forest. After abandoning other claims asserted earlier in this proceeding,1 the plaintiffs now rely solely upon the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321 et seq., and upon the Act...

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