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ALUMET v. ANDRUS

No. 78-1546.

607 F.2d 911 (1979)

ALUMET, Appellee, v. Cecil D. ANDRUS et al., Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 4, 1979.

Attorney(s) appearing for the Case

L. Charles Johnson, Pocatello, Idaho (Johnson & Olson, Pocatello, Idaho, on the brief), for appellee.

Francis M. Shea, Washington, D. C. (Richard T. Conway, James R. Bieke, Shea & Gardner, Washington, D. C., Bryant O'Donnell, James R. McCotter, Kelly, Stansfield & O'Donnell, Denver, Colo., Paul L. Jauergui, Boise, Idaho, Richard D. Bach, Rives, Bonyhadi & Smith, Portland, Or., William H. Coldiron, John W. Ross, Butte, Mont., John R. Bury, and Tom Gilfoy, Rosemead, Cal., on the brief), for Public Service Co. of Colorado, Idaho Power Co., The Montana Power Co., Pacific Power & Light Co. and Southern California Edison Co., amici curiae, in support of appellee.

Peter R. Steenland, Jr., Washington, D. C. and Neil T. Proto, Dept. of Justice, Sanford Sagalkin, Deputy Asst. Atty. Gen., and Paul Smyth, Dept. of the Interior, Washington, D. C., for appellants.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is an appeal from a judgment which held that the Bureau of Land Management (BLM) does not have the authority to require a private party to reimburse BLM for any part of the cost of an environmental impact statement prepared in connection with the processing of an application for a right-of-way over public lands.

Alumet is a partnership and joint venture composed of three partners: National Steel, a Delaware corporation...

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