PACIFIC LEGAL FOUNDATION v. WATT

Nos. CV-81-141-BLG, CV-81-168-BLG.

529 F.Supp. 982 (1981)

PACIFIC LEGAL FOUNDATION, a non-profit California Corporation, et al., Plaintiffs, v. James G. WATT, In his official capacity as Secretary of the United States Department of the Interior, Defendant, and The Bob Marshall Alliance, the Wilderness Society and the Sierra Club, as Intervening Defendants. MOUNTAIN STATES LEGAL FOUNDATION, a non-profit Colorado corporation, Plaintiff, v. James G. WATT, Secretary of the United States Department of Interior, John R. Block, Secretary of the United States Department of Agriculture, Defendants, and The Bob Marshall Alliance, the Wilderness Society, and the Sierra Club, as Intervening Defendants.

United States District Court, D. Montana, Billings Division.

As Amended January 19, 1982.


Attorney(s) appearing for the Case

Robin L. Rivett with Ronald A. Zumbrum, Sacramento, Cal., Raymond M. Momboisse, Washington, D. C., Robert K. Best, Harold J. Hughes and David M. Shell on brief, Pacific Legal Foundation, Sacramento, Cal., and William H. Bellingham, Billings, Mont., on brief, for plaintiff Pacific Legal Foundation, et al.

Kea Bardeen and William H. Mellor III, Mountain States Legal Foundation, Denver, Colo., for plaintiff Mountain States Legal Foundation.

Ezra D. Rosenberg, Asst. Atty. Gen., Land & Natural Resources Div., Dept. of Justice, Washington, D. C., with Carol Dinkins, Theodore B. Olson, Charlotte R. Bell, and Thomas O. Sargentich, Dept. of Justice, Washington, D. C., on the brief, for defendants.

James H. Goetz, Goetz, Madden & Dunn, Bozeman, Mont., for The Bob Marshall Alliance and The Wilderness Society, intervening defendants.

Karin P. Sheldon with William S. Curtiss, Denver, Colo., on brief, Sierra Club Legal Defense Fund, Inc. and James A. Patten, Patten & Renz, Billings, Mont., for Sierra Club, intervening defendant.

Stanley M. Brand, Counsel to Clerk, with Steven R. Ross, Michael L. Murray, Washington, D. C., on brief, United States House of Representatives, for Honorable Morris K. Udall and Honorable Manuel Lujan, Jr. House of Representatives, amici curiae.

Charles Tiefer, Asst. Senate Legal Counsel, with Michael Davidson and M. Elizabeth Culbreth, Washington, D. C., on brief, United States Senate, for United States Senate, amicus curiae.

Honorable Max Baucus, Washington, D. C., amicus curiae.


MEMORANDUM DECISION

JAMESON, District Judge.

In these consolidated actions1 the plaintiffs challenge Public Land Order No. 5952 issued by the Secretary of the Interior on June 1, 1981, purporting to withdraw from disposition under "all laws pertaining to mineral leasing..." the Bob Marshall, Scapegoat and Great Bear Wilderness Areas. The Secretary's action was taken pursuant to a...

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