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STATE OF ALASKA v. ANDRUS

Nos. 77-3169, 77-3408.

591 F.2d 537 (1979)

STATE OF ALASKA & Mauneluk Association, Appellants, v. Cecil D. ANDRUS, Secretary of the Interior, Appellee, v. DEFENDERS OF WILDLIFE et al., Intervenors. STATE OF ALASKA & Mauneluk Association, Appellees, v. Cecil D. ANDRUS, Secretary of the Interior, Defendant, v. DEFENDERS OF WILDLIFE et al., Appellants.

United States Court of Appeals, Ninth Circuit.

February 22, 1979.

Attorney(s) appearing for the Case

William T. Council, Asst. Atty. Gen. (argued), Juneau, Alaska, for State of Alaska.

Karin P. Sheldon (argued), Thomas B. Stoel, Jr., Washington, D. C., for Defenders of Wildlife.

James W. Moorman, Robert L. Klarquist (argued) of Dept. of Justice, Washington, D. C., G. Kenneth Gilleland, Tallahassee, Fla., for Secretary of the Interior.

Before WRIGHT and GOODWIN, Circuit Judges, and JAMESON, District Judge.

GOODWIN, Circuit Judge:

This appeal presents the question whether the Secretary of Interior's nonexercise of executive power (which he may or may not possess) to regulate wildlife on federal land in Alaska requires him to file an environmental impact statement. Because we hold that the nonexercise of power by an executive-branch officer does not call for compliance with NEPA1 we do not reach the intriguing questions of statutory construction...

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