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ENVIRONMENTAL DEF. FUND, INC. v. ANDRUS

Nos. 76-3133, 76-3506.

596 F.2d 848 (1979)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Plaintiffs-Appellants, State of Montana, By and Through the Department of Natural Resources and Conservation, Plaintiff in Intervention, v. Cecil D. ANDRUS, Secretary of Interior, et al., Defendants-Appellees, American Metal Climax, Inc., et al., Defendants in Intervention, Kerr-McGee Corporation, Defendant in Intervention. STATE of Montana, By and Through the DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Plaintiff in Intervention-Appellant, v. Cecil D. ANDRUS, Secretary of Interior, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing June 1, 1979.

Attorney(s) appearing for the Case

George W. Pring, Denver, Colo., Cale Crowley, Billings, Mont., for plaintiffs-appellants.

Edward W. Clyde, Salt Lake City, Utah, Peter R. Taft, Asst. Atty. Gen., Thomas Olson, Richard E. McCann, Billings, Mont., Peter R. Steenland, Jr., Washington, D. C., for defendants-appellees.

Before ELY and KILKENNY, Circuit Judges, and FERGUSON, District Judge.

PER CURIAM.

This is an appeal from the district court's grant of summary judgment in favor of the defendants. Environmental Defense Fund, Inc. v. Morton, 420 F.Supp. 1037 (D.Mont.1976).

In 1944, Congress passed the Flood Control Act, 58 Stat. 887, which established water projects throughout the Missouri River Basin. Two of the projects authorized by the Act are the Yellowtail and Boysen Reservoirs located in Montana...

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