RHODE ISLAND COM. ON ENERGY v. GENERAL SERVICES

No. 76-1530.

561 F.2d 397 (1977)

RHODE ISLAND COMMITTEE ON ENERGY et al., Plaintiffs, Appellants, v. GENERAL SERVICES ADMINISTRATION et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 16, 1977.


Attorney(s) appearing for the Case

Myron M. Cherry, Chicago, Ill., with whom Peter A. Flynn, Chicago, Ill., and Thomas C. Mullaney, Jr., Providence, R. I., were on brief, for plaintiffs, appellants.

John J. Zimmerman, Atty., Dept. of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen., Washington, D. C., Lincoln C. Almond, U. S. Atty., Everett C. Sammartino, Asst. U. S. Atty., Providence, R. I., Edmund B. Clark, and Irwin L. Schroeder, Jr., Attys., Dept. of Justice, Washington, D. C., were on brief, for defendants, appellees.

Felice D. Cohen and Richard E. Ayres, Washington, D. C., were on brief for The Fund for Constitutional Government, the Natural Resources Defense Council, Inc., and the Friends of the Earth, amici curiae.

Edward F. Hindle, Matthew F. Medeiros, Edwards & Angell, Providence, R. I., and Beveridge, Fairbanks & Diamond, Washington, D. C., were on brief for New England Power Co. and the Narragansett Elec. Co., amici curiae.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

Rhode Island Committee on Energy and individuals residing near the Charlestown Naval Auxiliary Landing Field (NALF) in Rhode Island filed suit in late 1974 to block the impending sale by the General Services Administration (GSA) of the "surplus" Navy site to the Narragansett Electric Company which plans to build a nuclear power plant on the property. They sought a declaration that the sale to the power company would violate the National...

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