FRIENDS OF THE EARTH, INC. v. BERGLAND

No. 75-3477.

576 F.2d 1377 (1978)

FRIENDS OF THE EARTH, INC., a New York Corporation, Edward Dobson, Randall H. Gloege, Chuck Davis and Dr. J. H. Johnson, Plaintiffs-Appellants, v. Bob BERGLAND, in his official capacity as Secretary of Agriculture, John R. McGuire, in his official capacity as Chief, U. S. Forest Service, Steve Yurich, in his official capacity as Regional Forester, Region 1, U. S. Forest Service, Dan MacIntyre, in his official capacity as Forest Supervisor, Custer National Forest, U. S. Forest Service, Gary Wetzsteon, in his official capacity as Beartooth District Ranger, Custer National Forest, U. S. Forest Service and the Johns-Manville Sales Corporation, a Colorado Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 13, 1978.


Attorney(s) appearing for the Case

William L. Madden, Jr. (argued), Bozeman, Mont., for plaintiffs-appellants.

Robert T. Connery (argued), Denver, Colo., George R. Hyde (argued), Dept. of Justice, Washington, D. C., for defendants-appellees.

Before WRIGHT and CHOY, Circuit Judges, WEIGEL, District Judge.


WEIGEL, District Judge:

Plaintiffs below appeal from an order of the district court granting summary judgment for defendants.2 Plaintiffs seek to challenge the decision of the Secretary of Agriculture, through the United States Forest Service ("Service"), approving a plan submitted by the Johns-Manville Sales Corporation ("JMSC") to engage in exploratory mining operations in the "Stillwater Complex" of the Custer National Forest. The plan...

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