ENERGY ACTION EDUCATIONAL FOUNDATION v. ANDRUS

No. 80-2127.

654 F.2d 735 (1980)

ENERGY ACTION EDUCATIONAL FOUNDATION, et al., Appellants, v. Cecil D. ANDRUS, Secretary of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1980.


Attorney(s) appearing for the Case

John Silard, Washington, D. C., with whom Joseph L. Rauh, Jr., Jonathan D. Schiller and H. Bartow Farr, III, Washington, D. C., were on the brief for appellants.

Edward J. Shawaker, Atty., Dept. of Justice, Washington, D. C., with whom Sanford Sagalkin, Acting Asst. Atty. Gen., Peter R. Steenland, Jr., Bruce C. Rashkow and Anne S. Almy, Attys., Dept. of Justice, Washington, D. C., were on the brief, for appellees.

E. Edward Bruce, Washington, D. C., with whom Mark D. Nozette and Constance J. Chatwood, Washington, D. C., were on the brief for amicus curiae urging the appeal be dismissed and the order affirmed.

Before ROBINSON and WALD, Circuit Judges; and HAROLD GREENE, United States District Judge for the District of Columbia.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

I. INTRODUCTION

For a second time in this case we are asked to determine whether the bidding systems employed by the Secretary of the Interior in leasing government offshore properties for oil and natural gas development comply with the Outer Continental Shelf Lands Act as substantially amended in 1978 ("OCSLA" or "the Act").1 In an earlier decision...

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