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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. MUNRO

No. 78-2014.

626 F.2d 134 (1980)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Appellees, v. Sterling MUNRO, in his official capacity as Administrator of the Bonneville Power Administration, et al., Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1980.

Attorney(s) appearing for the Case

Thomas C. Lee, Asst. U. S. Atty., Portland, Or., for appellants.

John Roger Beers, San Francisco, Cal., for appellees.

Before KENNEDY and SCHROEDER, Circuit Judges and TANNER, District Judge.

SCHROEDER, Circuit Judge:

This is an action by six environmental groups for declaratory and injunctive relief under the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-47. Plaintiffs claimed below that the Bonneville Power Administration (BPA) could not take any action with respect to "Phase 2" of the Hydro-Thermal Power Program until it had filed an environmental impact statement (EIS). The program...

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