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NAVAJO TRIBE OF INDIANS v. ANDRUS

CA No. 78-1704.

644 F.2d 790 (1981)

The NAVAJO TRIBE OF INDIANS, Plaintiffs-Appellants, v. Cecil D. ANDRUS, Secretary of the Interior, and Raymond V. Butler, Acting Commissioner of Indian Affairs, Defendants-Appellees, The Hopi Tribe, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1981.

Attorney(s) appearing for the Case

Lawrence A. Ruzow, Vlassis, Ruzow & Crowder, Phoenix, Ariz., for plaintiffs-appellants; Belinda K. Barrington, Vlassis, Ruzow & Crowder, Phoenix, Ariz., on brief.

George Romney, Salt Lake City, Utah, Thomas Pacheco, Washington, D.C., for defendants-appellees; John S. Boyden, Salt Lake City, Utah, on brief.

Before TRASK and FLETCHER, Circuit Judges, and BLUMENFELD, District Judge.

TRASK, Circuit Judge:

Appellant Navajo Tribe seeks an injunction to restrain the Secretary from carrying out a judicially and congressionally mandated reduction of stock grazing on reservation lands held jointly by the Navajo and Hopi Tribes until he files an Environmental Impact Statement (EIS) as required by the National Environmental Protection Act (NEPA). 42 U.S.C. § 4332(2)(C). The district court found that because...

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