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STATE v. ANDRUS

No. A77-1063.

483 F.Supp. 255 (1980)

The STATE of North Dakota, Allen I. Olson, Attorney General of North Dakota, Plaintiff, and National Rural Electric Cooperative Association (NRECA), Plaintiff in Intervention, v. Cecil ANDRUS, Secretary of the Interior, Charles Warren, Chairman, Council on Environmental Quality and James T. McIntyre, Acting Director, Office of Management and Budget, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

January 25, 1980.

Attorney(s) appearing for the Case

Allen I. Olson, Atty. Gen. of North Dakota, Murray G. Sagsveen, Special Asst. Atty. Gen., Bismarck, N. D., for plaintiff; Frederick L. Miller, Jr., Special Asst. Atty. Gen., Washington, D. C., of counsel.

James R. Britton, U. S. Atty., Fargo, N. D., Andrew J. Walch, Land and Natural Resource Div., Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM AND ORDER

VAN SICKLE, District Judge.

The issue presented on Plaintiff's motion and Defendants' cross motion for partial summary judgment arises from a proposal submitted to Congress by the Department of Interior involving the future financing of federal water projects. The question is whether the terms of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq., require...

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