ENVIRONMENTAL DEFENSE FUND, INC. v. HIGGINSON

Nos. 80-1123, 80-1242 and 80-1255.

655 F.2d 1244 (1981)

ENVIRONMENTAL DEFENSE FUND, INC., Trout Unlimited, The Wilderness Society, Appellants, v. R. Keith HIGGINSON, Commissioner, Bureau of Reclamation, U. S. Department of the Interior, et al. ENVIRONMENTAL DEFENSE FUND, INC., et al. v. R. Keith HIGGINSON, Commissioner, Bureau of Reclamation, U. S. Department of the Interior, et al. and Utah Power & Light Company (Intervenor-Defendant), Appellant. ENVIRONMENTAL DEFENSE FUND, INC., et al. v. R. Keith HIGGINSON, Commissioner, Bureau of Reclamation, U. S. Department of the Interior, et al. and State of Arizona, State of Nevada, State of Wyoming, and State of Colorado (Intervenor-Defendants), Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 15, 1981.

Dissenting Opinion June 30, 1981.


Attorney(s) appearing for the Case

Paula C. Phillips, Denver, Colo., with whom George W. Pring, Denver, Colo., and William A. Butler, Washington, D. C., were on the brief, for appellants in No. 80-1123 and cross/appellees in Nos. 80-1242 and 80-1255.

William Cohen, Atty. Dept. of Interior, Washington, D. C., for Federal appellees. Sanford Sagalkin, Deputy Asst. Atty. Gen., Robert L. Klarquist and Joshua I. Schwartz, Attys., Dept. of Justice, Washington, D. C., were on the brief, for Federal appellees.

Jerome Muys, Denver, Colo., with whom Jack D. Palma, II, Dennis M. Montgomery, Denver, Colo., and James V. Lavelle for States of Arizona, et al. appellees in Nos. 80-1123 and 80-1242 and cross/appellants in No. 80-1255.

Gerry Levenberg, Washington, D. C., with whom R. Keith Guthrie and Jeffrey S. Christie, Washington, D. C., were on the brief, for Utah Power & Light Company, appellee in Nos. 80-1123 and 80-1255 and cross/appellant in No. 80-1242.

Before MacKINNON, MIKVA and EDWARDS, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge MacKINNON.

HARRY T. EDWARDS, Circuit Judge:

Before this court are cross-appeals from a summary judgment of the District Court holding that the defendant, the Department of the Interior, may delay preparation of a comprehensive environmental impact statement (CEIS)1 covering all proposed federal water projects in the...

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