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DEFENDERS OF WILDLIFE v. ANDRUS

No. 79-1410.

627 F.2d 1238 (1980)

DEFENDERS OF WILDLIFE et al., v. Cecil D. ANDRUS, in his official capacity as Secretary of the Interior, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Rehearing Denied March 6, 1980.

Attorney(s) appearing for the Case

Dirk D. Snel and Robert L. Klarquist, Attys., Dept. of Justice, Washington, D. C., were on brief, for appellant.

Karin P. Sheldon, Gregory A. Thomas and Thomas B. Stoel, Jr., Attys., Natural Resources Defense Council, Inc., Washington, D. C., were on brief, for appellees.

Before McGOWAN, LEVENTHAL and MacKINNON, Circuit Judges.

Opinion for the Court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

This is an appeal from an order of the District Court granting a preliminary injunction against the Secretary of the Interior. It raises the question of whether, under the circumstances of this case, the National Environmental Policy Act obligates the Secretary to prepare and circulate an environmental impact statement when he does not act to prevent the State of Alaska from

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