SIERRA CLUB v. ANDRUS

No. 75-1871.

581 F.2d 895 (1978)

SIERRA CLUB et al. v. Cecil D. ANDRUS, Secretary of the Interior and James T. Lynn, Director of Office of Management and Budget, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 15, 1978.


Attorney(s) appearing for the Case

Peter R. Taft, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., with whom Raymond N. Zagone, L. Mark Wine, Dirk D. Snel, Attys., Dept. of Justice and Steven Gottlieb, Asst. Gen. Counsel, Office of Management and Budget, Washington, D. C., were on the brief, for appellants. Also Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., entered an appearance for appellant.

Bruce J. Terris, Washington, D. C., with whom Zona F. Hostetler, Washington, D. C., was on the brief, for appellees.

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


Opinion filed by MacKINNON, Circuit Judge, concurring in part and dissenting in part.

Opinion for the Court filed by LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

The central legal issue in this case is whether and on what occasions the National Environmental Policy Act (NEPA) requires an agency to prepare an environmental impact statement (EIS) to accompany its annual budget request for the operation of a program having significant environmental...

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