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ENVIRONMENTAL DEFENSE FUND, INC. v. HIGGINSON

No. 79-1028.

631 F.2d 738 (1979)

ENVIRONMENTAL DEFENSE FUND, INC., Trout Unlimited, The Wilderness Society v. R. Keith HIGGINSON, Commissioner, Bureau of Reclamation, U.S. Department of Interior et al., State of Colorado et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 30, 1979.

Rehearing Denied October 9, 1979.

Attorney(s) appearing for the Case

Robert L. McCarty, Washington, D. C., with whom Dennis Montgomery, Denver, Colo., Kenneth Balcom, Washington, D. C., was on the motion for summary reversal, for appellant Colorado River Water Conservation District.

George W. Pring, with whom Paula C. Phillips and William A. Butler, Denver, Colo., were on the motion for summary affirmance, for appellees Environmental Defense Fund, Inc., et al.

Maryann Walsh, Atty., Dept. of Justice, Washington D. C., for appellee Department of Interior.

Also Christopher D. Williams and Robert L. McCarty, Washington D. C., entered appearances for appellant Colorado River Water Conservation District.

Jerome C. Muys, Washington D. C., entered an appearance for appellants State of Arizona and State of Wyoming.

James W. Moorman and Robert L. Klarquist, Attys., Dept. of Justice, Washington D. C., entered appearances for appellee Department of Justice.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

Opinion Per Curiam.

Dissenting opinion filed by MacKINNON, Circuit Judge.

PER CURIAM:

In this case we consider the circumstances under which a sub-state entity may intervene in an action in federal district court in which the parent state is already a party.1

The underlying action in this case is a suit by the Environmental Defense Fund (EDF) and two other environmental groups to compel certain federal officials...

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