NATIONAL ASS'N OF PROPERTY OWNERS v. U. S.

Civ. Nos. 5-79-95, 5-79-178 and Civ. 5-80-25.

499 F.Supp. 1223 (1980)

NATIONAL ASSOCIATION OF PROPERTY OWNERS; National Park Inholders Association; Ely-Winton Boundary Waters Conservation Alliance; Local 4757 United Steel Workers of America; Lac La Croix Indian Band; Greater Virginia Area Chamber of Commerce; Crane Lake Commercial Club; Minnesota Arrowhead Association; Ely Chamber of Commerce; Carol M. Fisher; Border Lakes Association; Crane Lake Voyageur Snowmobile Club, Inc.; Crane Lake Sportsmen's Club; Ash River Namakan Lake Association; Charlotte Ekroot, d/b/a Windigo Lodge; Robert J. Handberg, d/b/a Campbell's Cabins and Trading Post; Plaintiffs, and State of Minnesota, Plaintiff-Intervenor, v. UNITED STATES of America; Bob Bergland, Secretary of Agriculture, Individually and in his official capacity; Defendants, and Sierra Club; Friends of the Boundary Waters Wilderness; League of Women Voters of Minnesota; Izaak Walton League of America, Inc.; Minnesota Rovers; Wilderness Inquiry II; Minnesota Environmental Control Citizens Association; Minneapolis Chapter, National Audubon Society; St. Paul Chapter, National Audubon Society; Duluth Chapter, National Audubon Society; Minnesota Ornithologists' Union; The Wilderness Society; Defendant-Intervenors. STATE OF MINNESOTA by Joseph N. Alexander, its Commissioner of Natural Resources, Plaintiff, and Carl Brown, d/b/a Walleye Bait & Tackle Co.; Viking Cruises, Inc.; Concerned Citizens of Northeastern Minnesota; Boundary Waters Landowners Association, a Minnesota non-profit corporation; Koochiching County; City of South International Falls; Village of Ranier; International Falls Chamber of Commerce; Minnesota United Snowmobilers Association, Inc.; City of International Falls; Plaintiff-Intervenors, v. Robert BERGLAND, Individually and as Secretary of Agriculture of the United States; Defendant, and Sierra Club; Friends of the Boundary Waters Wilderness; Izaak Walton League of America, Inc.; The League of Women Voters of Minnesota, Inc.; Minnesota Rovers; Wilderness Inquiry II; Minnesota Environmental Control Citizens Association; Minneapolis Chapter, National Audubon Society; St. Paul Chapter, National Audubon Society; Duluth Chapter, National Audubon Society; Minnesota Ornithologists' Union; The Wilderness Society; Defendant-Intervenors. NATIONAL ASSOCIATION OF PROPERTY OWNERS; Ely-Winton Boundary Waters Conservation Alliance; Range Actioneers, Inc.; Crane Lake Sportsmen's Club; City of Winton; Plaintiffs, v. Bob BERGLAND, Individually and in his official capacity as Secretary of Agriculture; R. Max Peterson, individually and in his official capacity as Chief of the United States Forest Service; Defendants, and Sierra Club; Friends of the Boundary Waters Wilderness; League of Women Voters of Minnesota; Izaak Walton League of America, Inc.; Minnesota Rovers; Wilderness Inquiry II; Minnesota Environmental Control Citizens Association; Minneapolis Chapter, National Audubon Society; St. Paul Chapter, National Audubon Society; Duluth Chapter, National Audubon Society; Minnesota Ornithologists' Union; The Wilderness Society; Defendant-Intervenors.

United States District Court, D. Minnesota, Fifth Division.

July 24, 1980.


Attorney(s) appearing for the Case

Dayton, Herman, Graham & Getts by Charles K. Dayton and James A. Payne, Minneapolis, Minn., for Friends of the Boundary Waters Wilderness; League of Women Voters of Minnesota; Izaak Walton League of America, Inc.; Minnesota Rovers; Wilderness Inquiry II; Minnesota Environmental Control Citizens Ass'n; Minneapolis Chapter, National Audubon Society; St. Paul Chapter, National Audubon Society; Duluth Chapter, National Audubon Society; Minnesota Ornithologists' Union and The Wilderness Soc.

Wayne H. Olson, Sp. Counsel, Minneapolis, Minn., and Warren Spannaus, Atty. Gen. by Philip J. Olfelt, Asst. Atty. Gen., St. Paul, Minn., for State of Minnesota.

Joseph Alexander, Minneapolis, Minn., Johnson, Essling, Williams Essling & Daly, Ltd. by William W. Essling and David E. Essling, St. Paul, Minn., for Carl Brown, d/b/a Walleye Bait & Tackle Co.; Viking Cruises, Inc.; Concerned Citizens of Northeastern Minnesota; Boundary Waters Landowners Ass'n; Koochiching County; City of South International Falls; Village of Ranier; International Falls Chamber of Commerce and City of International Falls.

O'Connor & Hannan by Frank J. Walz and Thomas R. Sheran, Minneapolis, Minn., for United Snowmobilers Ass'n, Inc.

Ben A. Wallis, Jr., San Antonio, Tex., and Keith Brownell, Duluth, Minn., for National Ass'n of Property Owners; National Park Inholders Ass'n; Ely-Winton Boundary Waters Conservation Alliance; Local 4757, United Steelworkers of America; Lac La Croix Indian Bank; Greater Virginia Area Chamber of Commerce; Crane Lake Commercial Club; Minnesota Arrowhead Ass'n; Ely Chamber of Commerce; Carol M. Fisher; Border Lakes Ass'n; Crane Lake Voyageur Snowmobile Club, Inc.; Crane Lake Sportsmen's Club; Ash River Namakan Lake Ass'n; Charlotte Ekroot, d/b/a Windigo Lodge; Robert J. Handberg, d/b/a Campbell's Cabins and Trading Post; Range Actioneers, Inc. and City of Winton.

Thomas K. Berg, U.S. Atty. by Thorwald H. Anderson, Jr., and Francis X. Hermann, Asst. U. S. Attys., Minneapolis, Minn., and James T. Draude, Land & Natural Resources Div., Dept. of Justice, and James P. Perry, Dept. of Agriculture, Washington, D. C., and James Pfeil, Dept. of Agriculture, Milwaukee, Wis., for U. S., Bob Bergland and R. Max Peterson.

Faegre & Benson by Brian B. O'Neill, F. Reid Carron, Charles E. Bohlen, Jr., James G. Ray, Charles S. Ferrell, James E. Nicholson, Rebecca L. Rom and Betsy Taylor, Stephen J. Snyder and Richard N. Flint, Minneapolis, Minn., and David P. Pearson, St. Paul, Minn., and Marcia Gelpe, Minneapolis, Minn., for Sierra Club.


MEMORANDUM OPINION AND ORDER

MILES W. LORD, District Judge.

I. INTRODUCTION

Before the Court are parties' motions and cross motions for summary judgment in three separate lawsuits challenging Congress' most recent legislation concerning the Boundary Waters Canoe Area.

In National Ass'n of Property Owners v. United States, Civil 5-79-95 (D.Minn.1979), plaintiffs challenge certain provisions of the Boundary Waters Canoe Area...

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