STATE OF MINNESOTA BY ALEXANDER v. BLOCK

Nos. 80-1769, 80-1784, 80-1815, 80-1860, 80-1872, 81-1166, 81-1167, 81-1169, 81-1175 and 81-1168.

660 F.2d 1240 (1981)

STATE OF MINNESOTA By Joseph N. ALEXANDER, its Commissioner of Natural Resources, Appellant, and Minnesota United Snowmobilers Association, Inc., et al., Intervenors-Appellants, v. John R. BLOCK, individually and as Secretary of Agriculture of the United States, Appellee, and Sierra Club, et al., Intervenors-Appellees. NATIONAL ASSOCIATION OF PROPERTY OWNERS, et al., Appellants, and State of Minnesota, by Joseph N. Alexander, its Commissioner of Natural Resources, Intervenor-Appellant, v. UNITED STATES of America; and John R. Block, Secretary of Agriculture, individually and in his official capacity, Appellees, and Sierra Club, et al., Intervenors-Appellees. NATIONAL ASSOCIATION OF PROPERTY OWNERS; Ely-Winton Boundary Waters Conservation Alliance; Range Actioneers, Inc.; Crane Lake Sportsmen's Club; and City of Winton, Appellants, v. John R. BLOCK, individually and in his official capacity as Secretary of Agriculture; and R. Max Peterson, individually and in his official capacity as Chief of the United States Forest Service, Appellees, and Sierra Club, et al., Intervenors-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 30, 1981.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen. of Minn., C. Paul Faraci, Deputy Atty. Gen., Philip J. Olfelt, Asst. Atty. Gen., St. Paul, Minn., Wayne H. Olson, Sp. Counsel, argued, Minneapolis, Minn., for State of Minn.

Brian B. O'Neill, argued, Faegre & Benson, Dayton, Herman, Graham & Getts, Minneapolis, Minn., for Sierra Club et al.

Sanford Sagalkin, Acting Asst. Atty. Gen., Washington, D. C., Thomas K. Berg, U. S. Atty., Francis X. Hermann, Asst. U. S. Atty., Minneapolis, Minn., Edward J. Shawaker, James T. Draude, argued, Attys., Dept. of Justice, Washington, D. C., for appellee; James P. Perry, Dept. of Agriculture, Washington, D. C., James Pfeil, Dept. of Agriculture, Milwaukee, Wis., of counsel.

Dorsey, Windhorst, Hannaford, Whitney & Halladay, Edward J. Schwartzbauer, Eugene L. Johnson, Thomas E. Popovich, Minneapolis, Minn., for Lac La Croix Indian Band and Campbell's Cabins and Trading Post, Ltd.

Ben A. Wallis, San Antonio, Tex., Keith M. Brownell, Duluth, Minn., for National Ass'n of Property Owners.

Before LAY, Chief Judge, and BRIGHT and STEPHENSON, Circuit Judges.


BRIGHT, Circuit Judge.

These appeals arise from three consolidated cases involving multiple challenges to provisions of the Boundary Waters Canoe Area Wilderness Act of 1978, Pub.L.No. 95-495, 92 Stat. 1649 (BWCAW Act or the Act). On cross motions for summary judgment, the United States District Court for the District of Minnesota upheld all portions of the Act.1 National Association of Property Owners v. United States, ...

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