STATE OF CAL. BY AND THROUGH BROWN v. WATT

Nos. 80-1894, 80-1897, 80-1935 and 80-1991.

668 F.2d 1290 (1981)

STATE OF CALIFORNIA Acting By and Through Governor Edmund G. BROWN, Jr., The California Coastal Commission, The California Air Resources Board, The California Resources Agency, and The California Department of Conservation, Petitioners, v. James G. WATT, Secretary of the Interior and the United States Department of the Interior, Respondents, American Petroleum Institute, et al., Intervenors. STATE OF ALASKA, Petitioner, v. James G. WATT, Secretary of the U.S. Department of the Interior, United States Department of the Interior, Respondents, American Petroleum Institute, et al., Intervenors. NATURAL RESOURCES DEFENSE COUNCIL, INC., Sierra Club, Conservation Law Foundation of New England, Inc., and Friends of the Earth, Petitioners, v. James G. WATT, Secretary of the Interior, and the United States Department of the Interior, Respondents, American Petroleum Institute, et al., Intervenors. NORTH SLOPE BOROUGH, Jacob Adams, Mayor of the North Slope Borough, and Lloyd Ahvakana, Petitioners, v. James G. WATT, Secretary of the Interior and the United States Department of the Interior, Respondents, American Petroleum Institute, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 6, 1981.


Attorney(s) appearing for the Case

Jonathan K. Tillinghast, Sp. Asst. Atty. Gen., Juneau, Alaska, with whom Wilson Condon, Atty. Gen., State of Alaska, Juneau, Alaska, was on the brief, for petitioner in No. 80-1897.

Sarah Chasis, New York City, with whom Jane Bloom, New York City, was on the brief, for petitioners in No. 80-1935.

Theodora Berger, Deputy Atty. Gen., State of Cal., Los Angeles, Cal., with whom John A. Saurenman, Deputy Atty. Gen., State of Cal., Los Angeles, Cal., was on the brief, for petitioners in No. 80-1894.

Bruce J. Terris, Washington, D. C., with whom James M. Hecker and Edward H. Comer, Washington, D. C., were on the brief, for petitioners in No. 80-1991.

Margaret Strand, Atty., Dept. of Justice, Washington, D. C., with whom Anthony C. Liotta, Acting Asst. Atty. Gen., Bruce C. Rashkow and William M. Cohen, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

E. Edward Bruce, Washington, D. C., with whom Constance J. Chatwood, Stark Ritchie and David T. Deal, Washington, D. C., were on the brief, for intervenors in Nos. 80-1894, 80-1897, 80-1935 and 80-1991.

Stephen M. Leonard, Asst. Atty. Gen., Com. of Mass., Boston, Mass., was on the brief, for amicus curiae urging remand to the Secretary for reconsideration in Nos. 80-1894, 80-1897, 80-1935 and 80-1991.

Before MacKINNON and ROBB, Circuit Judges, and AUBREY E. ROBINSON, Jr., District Judge for the District of Columbia.


Opinion PER CURIAM.

PER CURIAM:

Petitioners have filed four consolidated petitions challenging the five year program for oil and gas leasing prepared by Secretary of Interior Andrus pursuant to the Outer Continental Shelf Lands Act, as amended. The leasing program, developed under section 18 of the Act, serves as an outline for the leasing of drilling rights on the outer continental shelf (OCS) for the years 1980-1985 and consists of a schedule of proposed...

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