PACIFIC LEGAL FOUNDATION v. ANDRUS

No. 79-1451.

657 F.2d 829 (1981)

PACIFIC LEGAL FOUNDATION, et al., Plaintiffs-Appellants, v. Cecil B. ANDRUS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 19, 1981.


Attorney(s) appearing for the Case

Ronald A. Zumbrun, Sacramento, Cal., Raymond M. Momboisse, Sam Kazman, Washington, D. C., Lon P. MacFarland, Columbia, Tenn., for plaintiffs-appellants.

Hal D. Hardin, U. S. Atty., Nashville, Tenn., David B. Cannon, Jr., Nancy B. Firestone, Land and Natural Resources Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before EDWARDS, Chief Judge, KENNEDY, Circuit Judge, and NEWBLATT, District Judge.


CORNELIA G. KENNEDY, Circuit Judge.

This is an appeal from a judgment of the District Court holding that the National Environmental Policy Act, 42 U.S.C.A. § 4321 et seq. (NEPA), does not require the United States Fish and Wildlife Service (FWS) to file an environmental impact statement (sometimes referred to as an EIS) before listing a species as an endangered species pursuant to the Endangered Species Act, 16 U.S.C. § 1531 et seq. (ESA)....

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