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NATIONAL INDIAN YOUTH COUNCIL v. ANDRUS

No. 78-0586C.

501 F.Supp. 649 (1980)

NATIONAL INDIAN YOUTH COUNCIL et al., Plaintiffs, v. Cecil D. ANDRUS et al., Defendants.

United States District Court, D. New Mexico.

August 22, 1980.

Attorney(s) appearing for the Case

John J. Kelly, Richard H. Hughes, Luebben, Hughes & Kelly, Albuquerque, N.M., for plaintiffs.

James B. Grant, Asst. U.S. Atty., Albuquerque, N.M., David C. Cannon, Jr., Dept. of Justice, Washington, D.C., for all U.S. defendants.

Victor R. Ortega and William C. Parsley, Montgomery, Andrews & Hannahs, Santa Fe, N.M., William A. Wise, Houston, Tex., for defendant-intervenor El Paso Natural Gas Co.

Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N.M., T. S. Ellis, III, and D. Alan Rudlin, Hunton & Williams, Richmond, Va., for defendant-intervenor Consolidation Coal Co.

MEMORANDUM OPINION AND ORDER

CAMPOS, District Judge.

This litigation ensues from a surface mining (strip mining) project proposed for a tract in northwestern New Mexico on the Navajo Reservation. Plaintiffs consist of the National Indian Youth Council (NIYC), a nonprofit organization headquartered in Albuquerque, New Mexico, which characterizes its purpose as "preserving and protecting the traditional life-styles of Native American people";

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