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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. BERKLUND

Nos. 78-1757, 78-1787 and 78-1842.

609 F.2d 553 (1979)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Environmental Defense Fund, Inc., Appellants, Cross-Appellants, v. Curtis J. BERKLUND, in his official capacity as Director of Bureau of Land Management of the Department of Interior, et al., Appellees. Appeal of CHACO ENERGY COMPANY, Cross-Appellees. NATURAL RESOURCES DEFENSE COUNCIL, INC.; Environmental Defense Fund, Inc., Appellants, v. Curtis J. BERKLUND, in his official capacity as Director of Bureau of Land Management of the Department of Interior, et al., Appellees (two cases).

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 1979.

As Amended January 23, 1980.

Attorney(s) appearing for the Case

Roger Beers, New York City, with whom Bruce J. Terris, Eleanor M. Granger and George W. Pring, Washington D. C., were on the brief, for appellants in No. 78-1787, cross-appellees in Nos. 78-1757 and 78-1842.

Gerry Levenberg, Washington, D. C., with whom Verl R. Topham, Salt Lake City, Utah, was on the brief, for appellants in No. 78-1842.

Edward H. Forgotson and Christopher R. O'Neill, Washington, D. C., were on the brief for appellants in No. 78-1757 and cross-appellees in Nos. 78-1787 and 78-1842.

John J. Zimmerman, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., and Robert L. Klarquist, Atty., Dept. of Justice, Washington, D. C., were on the brief, for Federal appellees.

Also, Jacques B. Gelin and Robert L. Klarquist, Attys., Dept. of Justice, Washington, D. C., entered an appearance, for Federal appellees.

Before BAZELON, McGOWAN and ROBB, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

The Natural Resources Defense Council (NRDC) and the Environmental Defense Fund (EDF) brought this suit for a declaratory judgment empowering (the Secretary of Interior (the Secretary) to reject coal mining lease applications on environmental grounds, even when an applicant has otherwise fulfilled the requirements for a lease under Section 2(b) of the Mineral Leasing Act of 1920 ("the Act").1 Two...

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