CONSERVATION LAW FOUNDATION, ETC. v. ANDRUS

Nos. 79-1585, 79-1586.

623 F.2d 712 (1979)

CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC. et al., Plaintiffs, Appellants, v. Cecil D. ANDRUS, etc. et al., Defendants, Appellees, Atlantic Richfield Company et al., Intervenors, Appellees. COMMONWEALTH of MASSACHUSETTS, Plaintiff, Appellant, v. Cecil D. ANDRUS, etc. et al., Defendants, Appellees, Atlantic Richfield Company et al., Intervenors, Appellees.

United States Court of Appeals, First Circuit.

Decided December 17, 1979.


Attorney(s) appearing for the Case

Douglas I. Foy, Boston, Mass., with whom Sarah M. Bates, Alan Wilson, Boston, Mass.,

Frederick Small, and Kenneth T. Hoffman, Cambridge, Mass., were on brief, for appellants in 79-1585.

Stephen M. Leonard, Asst. Atty. Gen., Francis X. Bellotti, Atty. Gen. and Jose R. Allen, Asst. Atty. Gen., Boston, Mass., were on brief, for appellant in 79-1586.

Maryann Walsh, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., Peter R. Steenland, Jr., William M. Cohen, Michael W. Reed and Patricia Young, Attys., Dept. of Justice, Lawrence R. Hoese, Dept. of Interior and John A. Milholland, Dept. of Commerce, Washington, D. C., were on brief, for federal appellees.

Allen P. Rubine, Deputy Atty. Gen., Providence, R. I., with whom Dennis J. Roberts, II, Atty. Gen., Providence, R. I., was on brief, for the State of Rhode Island, J. Joseph Garrahy, Governor intervenor appellee.

E. Edward Bruce, Washington, D. C., with whom Mark D. Nozette, Covington & Burling, Washington, D. C., G. M. Moriarty, Ropes & Gray, Boston, Mass., I. Berry St. John, Jr., and Liskow & Lewis, New Orleans, La., were on brief, for intervenor-appellees Atlantic Richfield, et al.

Neil L. Lynch, Boston, Mass., Chief Counsel to the Governor, Edward L. Selgrade, Boston, Mass., and Paul T. Gilrain, Swampscott, Mass., on brief for Edward J. King, Governor of the Commonwealth of Massachusetts amicus curiae.

Harrison A. Fitch, Boston, Mass., on brief for New England Legal Foundation the New England Council, the Greater Boston Chamber of Commerce, The Greater Providence Chamber of Commerce, and the New Bedford Chamber of Commerce in support of appellees, amicus curiae.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and ZOBEL, U. S. District Judge.


COFFIN, Chief Judge.

This opinion is the third in a series of opinions by this court concerning the litigation which has resulted from the attempts of the Secretary of the Interior to lease tracts for oil and gas exploration, development, and production on Georges Bank through proposed Outer Continental Shelf (OCS) Lease Sale 42. The prior history of this litigation and a description of the underlying facts concerning the...

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