1. Home
  2. Browse Decisions
  3. F.2d
  4. 645 F.2d
  5. 645 F.2d 701 (1981)
 

NANCE v. ENVIRONMENTAL PROTECTION AGENCY

Nos. 77-3058, 77-3301, 77-3305, 77-3356, 77-3374 and 79-7261.

645 F.2d 701 (1981)

Marcus L. NANCE et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Northern Cheyenne Tribe et al., Intervenors. THERMAL ENERGY, INC. et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Northern Cheyenne Tribe et al., Intervenors. AMAX COAL COMPANY, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Northern Cheyenne Tribe et al., Intervenors. CROW INDIAN TRIBE, MONTANA, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Northern Cheyenne Tribe, Intervenor. WESTMORELAND RESOURCES, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Northern Cheyenne Tribe, Intervenor. WESTMORELAND RESOURCES, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Northern Cheyenne Tribe, Intervenor.

United States Court of Appeals, Ninth Circuit.

Submitted April 24, 1981.

Decided May 18, 1981.

Attorney(s) appearing for the Case

Bruce M. Brown, Brown & Huss, Miles City, Mont., on brief, for Nance.

Jack L. Smith, Denver, Colo., on brief, for Thermal Energy, Inc.

Gary L. Green, Dwason, Nagel, Sherman & Howard, Denver, Colo., on brief, for Amax Coal Co.

Thomas K. Schoppert (argued), Lynaugh, Fitzgerald & Skaggs, Billings, Mont., on brief, for Crow Tribe.

George J. Miller, Philadelphia, Pa., on brief, for Westmoreland.

Charles W. Hingle, Lynaugh, Fitzgerald & Skaggs, Billings, Mont., James W. Moorman, Nancy Long, Angus Macbeth, Washington, D. C., on brief; Earl Salo, Bruce J. Terris, Washington, D. C., argued, for appellee EPA.

David R. Sturges, David Mastbaum, Denver, Colo., on brief, for intervenor.

Frederick E. Watson, San Francisco, Cal., William E. Murane, Holland & Hart, Denver, Colo., James R. Bieke, Shea & Gardner, Washington D. C., argued for appellant.

Before TANG, SCHROEDER and NELSON, Circuit Judges.

NELSON, Circuit Judge:

In this case, petitioners challenge the approval by the Environmental Protection Agency (EPA) of the Northern Cheyenne Tribe's redesignation of its reservation from Class II to Class I air quality standards. The major issue presented can be rather simply described. When an agency takes administrative action expressly on the then correct assumption that the action will not affect the rights of various parties, some of whom actively intervene...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases