No. 76-1223.

553 F.2d 176 (1977)

Lee METCALF, of U.S. Senate, et al., Appellants, v. NATIONAL PETROLEUM COUNCIL et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 1977.

Rehearing Denied April 4, 1977.

Attorney(s) appearing for the Case

Richard B. Wolf, Washington, D.C., with whom Victor H. Kramer and Charles E. Hill, Washington, D.C., were on the brief, for appellants.

John K. Villa, Atty., Dept. of Justice, Washington, D.C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief for federal appellees. William Kanter and Thomas S. Martin, Attys., Dept. of Justice, Washington, D.C., also entered appearances for federal appellees.

R. Kenly Webster, Brice M. Clagett, and Charles Lister, Washington, D.C., were on the brief for appellees National Petroleum Council and others.

Before TAMM, MacKINNON and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

The appellants in this case are Lee Metcalf, a member of the United States Senate, and Robert Clarke Brown, a private citizen. On 21 March 1975 appellants filed suit in the District Court against the National Petroleum Council1 (hereinafter the Council or NPC), the Department of Interior (DOI), the Federal Energy...

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