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PORT OF ASTORIA, OREGON v. HODEL

Nos. 75-3465, 75-3621, 75-3699 and 76-1049.

595 F.2d 467 (1979)

PORT OF ASTORIA, OREGON, an Oregon Municipal Corporation, Concerned Citizens of Clatsop County, an Unincorporated Association, Dorothy Reikkola and Robert A. Fackler, Plaintiffs-Appellants-Cross Appellees, v. Donald Paul HODEL, Administrator of the Bonneville Power Administration, and Alumax Pacific Corporation, a Delaware Corporation, Defendants-Appellees-Cross Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 7, 1979.

Attorney(s) appearing for the Case

Diarmuid F. O'Scannlain (argued), Portland, Or., Larry Gutteridge (argued), Portland, Or., for plaintiffs-appellants-cross appellees.

James P. Rogers (argued), of Davies, Biggs, Strayer, Steol & Boley, Portland, Or., for defendants-appellees-cross appellants.

Before KENNEDY and TANG, Circuit Judges, and JAMESON, District Judge.

TANG, Circuit Judge.

This case consists of appeals and cross appeals from a judgment that held a power supply contract between the defendants valid, but unenforceable, until the contract's implications had been assessed in environmental impact statements (EIS's) pursuant to section 102 of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4332. The contract (referred to herein as the "Umatilla contract") obligates the Bonneville Power Administration (BPA...

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