BADONI v. HIGGINSON

No. 78-1517.

638 F.2d 172 (1980)

Lamarr BADONI, Teddy Holiday, Betty Holiday, Jessie Yazzie Black, Jimmy Goodman, Begay Bitsinnie, Shonto Chapter of the Navajo Nation, Navajo Mountain Chapter of the Navajo Nation, and Inscription House Chapter of the Navajo Nation, Plaintiffs-Appellants, v. R. Keith HIGGINSON, Commissioner, Bureau of Reclamation; Ronald H. Walker, Director, National Park Service; Cecil V. Andrus, Secretary of the Interior, Defendants-Appellees, State of Utah; Central Utah Water Conservancy District; Colorado River Conservation District; Southwestern Water Conservation District; and State of Colorado, Defendants in Intervention-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 3, 1980.

Rehearing Denied December 19, 1980.


Attorney(s) appearing for the Case

Richard W. Hughes of Luebben, Hughes & Kelly, Albuquerque, N. M. (Eric P. Swenson, Mexican Hat, Utah, with him on brief), for plaintiffs-appellants.

Anne S. Almy, Atty., Dept. of Justice, Washington, D. C. (Anthony C. Liotta, Acting Asst. Atty. Gen., Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, and Robert L. Klarquist, Atty., Dept. of Justice, Washington, D. C., with her on brief), for defendants-appellees.

Dallin W. Jensen, Asst. Atty. Gen., State of Utah, Salt Lake City, Utah (Richard L. Dewsnup, Asst. Atty. Gen., State of Utah, and Edward W. Clyde, Salt Lake City, Utah, with him on brief, for appellees-in-intervention State of Utah and Central Utah Water Conservancy District.

Frank E. Maynes, Durango, Colo., and Andrew R. Hurley, Salt Lake City, Utah, for appellee-in-intervention Southwestern Water Conservation District.

Clyde O. Martz, Sp. Asst. Atty. Gen., State of Colorado, Denver, Colo., for appellee-in-intervention State of Colorado.

Kenneth Balcomb, Glenwood Springs, Colo., and Andrew R. Hurley, Salt Lake City, Utah, for appellee-in-intervention Colorado River Water Conservation District.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

This is an appeal from an order granting summary judgment, which effectively denied relief to Indian plaintiffs making constitutional and statutory claims against federal officials. We are asked to determine whether the religion clauses of the First Amendment apply to the government's management of the Rainbow Bridge National Monument and the Glen Canyon Dam and Reservoir, and whether an environmental impact statement concerning operation of...

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