NORTH SLOPE BOROUGH v. ANDRUS

Nos. 80-1148, 80-1150, 80-1151, 80-1164, 80-1169, 80-1184 and 80-1190 to 80-1192.

642 F.2d 589 (1980)

NORTH SLOPE BOROUGH et al. v. Cecil D. ANDRUS, Secretary of the Department of the Interior, et al. Atlantic Richfield Company et al., Intervenors, Appellants. NATIONAL WILDLIFE FEDERATION et al. v. Cecil D. ANDRUS, Secretary of the Department of the Interior, et al. Atlantic Richfield Company et al., Intervenors, Appellants. VILLAGE OF KAKTOVIK et al. v. Cecil D. ANDRUS, Secretary of the Department of the Interior, et al. Atlantic Richfield Company et al., Intervenors, Appellants. NORTH SLOPE BOROUGH et al., Appellants, v. Cecil D. ANDRUS, Secretary of the Department of the Interior, et al. NATIONAL WILDLIFE FEDERATION et al., Appellants, v. Cecil D. ANDRUS, Secretary of the Department of the Interior, et al. VILLAGE OF KAKTOVIK et al., Appellants, v. Cecil D. ANDRUS, Secretary of the Department of the Interior, et al. NORTH SLOPE BOROUGH et al. v. Cecil D. ANDRUS, Secretary of the Department of the Interior, Richard Frank, Administrator of the National Oceanic and Atmospheric Administration, Appellants, Atlantic Richfield Co. et al., Intervenors. NATIONAL WILDLIFE FEDERATION et al. v. Cecil D. ANDRUS, Secretary of the Department of the Interior, Richard A. Frank, Administrator of the National Oceanic and Atmospheric Administration, Appellants, Atlantic Richfield Company et al., Intervenors. VILLAGE OF KAKTOVIK et al. v. Cecil D. ANDRUS, Secretary of the Department of the Interior, Richard Frank, Administrator of the National Oceanic and Atmospheric Administration, Appellants, Atlantic Richfield Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 9, 1980.

Rehearing Denied November 19, 1980.


Attorney(s) appearing for the Case

Bruce J. Terris, Washington, D. C., with whom Edward Comer and James M. Hecker, Washington, D. C., were on the brief for North Slope Borough, et al., cross-appellants in No. 80-1164 and appellee in Nos. 80-1148, 80-1150, 80-1151, 80-1169, 80-1184, 80-1190, 80-1191 and 80-1192.

Clifton E. Curtis, Washington, D. C., with whom James N. Barnes, Leonard C. Meeker, Washington, D. C., Michael I. Jeffery and Donald E. Clocksin, were on the brief for Village of Kaktovik, et al., cross-appellant in No. 80-1184 and appellees in Nos. 80-1148, 80-1150, 80-1151, 80-1164, 80-1169, 80-1190, 80-1191 and 80-1192.

Patrick A. Parenteau, Washington, D. C., with whom Thomas G. Tomasello, Washington, D. C., was on the brief for National Wildlife Federation, et al., appellant in No. 80-1169 and cross-appellees in Nos. 80-1148, 80-1150, 80-1151, 80-1164, 80-1184, 80-1190, 80-1191 and 80-1192.

Kathryn A. Oberly, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., Lois J. Schiffer, Bruce C. Rashkow and Margaret Strand, Attys., Dept. of Justice, Washington, D. C., were on the brief for federal appellee, in Nos. 80-1148, 80-1150, 80-1151, 80-1164, 80-1169 and 80-1184 and cross-appellants in Nos. 80-1190, 80-1191 and 80-1192.

E. Edward Bruce, Washington, D. C., with whom John T. Smith II, Constance J. Chatwood, David K. Flynn, Washington, D. C., Owen Olpin, Neil M. Soltman, and Burton H. Thompson, Los Angeles, Cal., were on the brief for appellants in Nos. 80-1148, 80-1150 and 80-1151 and cross-appellees in Nos. 80-1164, 80-1169, 80-1184, 80-1190, 80-1191 and 80-1192.

Avrum M. Gross, Atty. Gen., State of Alaska, Juneau, Alaska, pro hac vice by special leave of the Court, with whom Robert M. Maynard, Asst. Atty. Gen., State of Alaska, Juneau, Alaska, and Robert H. Loeffler, Washington, D. C. and Alan Cope Johnston, San Francisco, Cal., were on the brief for amicus curiae urging reversal in Nos. 80-1148, 80-1150, 80-1151, 80-1164, 80-1169, 80-1184, 80-1190, 80-1191 and 80-1192.

E. Edward Bruce and Constance J. Chatwood, Washington, D. C., also entered appearances for intervenor in Nos. 80-1148, 80-1150, 80-1151, 80-1164, 80-1169, 80-1184, 80-1190, 80-1191 and 80-1192.

Before MacKINNON and WILKEY, Circuit Judges, and PENN, United States District Judge for the United States District Court for the District of Columbia.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Plaintiffs, who represent collectively environmental organizations and native Alaskans, brought actions in district court to enjoin the Secretary of Interior from carrying out a lease sale of federal properties with oil and gas potential off the north coast of Alaska in the Beaufort Sea. The district court held that the Secretary failed to comply with certain requirements of the National...

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