NO OILPORT! v. CARTER

Civ. A. Nos. C80-360M, C80-369M and C80-553S.

520 F.Supp. 334 (1981)

NO OILPORT!, A Non-Profit Corporation Licensed by the State of Washington; Norma Turner, President; Save the Resources Committee; National Audubon Society; Olympic Peninsula Audubon Society; Admiralty Audubon Society; Citizens' Pipeline Task Force; Northern Tier Information Committee; and Friends of the Earth, Plaintiffs, v. James Earl CARTER, President of the United States; Cecil D. Andrus, Secretary of the Interior; Frank Gregg, Director of the Bureau of Land Management; United States of America; and Northern Tier Pipeline Company, Defendants. The LOWER ELWHA BAND OF KLALLAM INDIANS; the Port Gamble Band of Klallam Indians; the Skokomish Indian Tribe; the Tulalip Tribes of Washington; the Stillaguamish Tribe of Indians; the Upper Skagit Indian Tribe; the Swinomish Tribal Community; and the Squaxin Island Tribe, Plaintiffs, v. James Earl CARTER, President of the United States; Cecil D. Andrus, Secretary of the Interior; Guy R. Martin, Assistant Secretary of the Interior for Land and Water Resources; Gary J. Wicks, Deputy Secretary of the Interior for Land and Water Resources; Frank Gregg, Director of the Bureau of Land Management; the United States of America; the United States Department of the Interior; the Bureau of Land Management; the Northern Tier Pipeline Company, Defendants. CITY OF PORT ANGELES, a municipal corporation of the state of Washington; and Clallam County, a political subdivision of the state of Washington, Plaintiffs, v. UNITED STATES of America; DEPARTMENT OF THE INTERIOR, United States of America; Bureau of Land Management, Department of the Interior; Cecil D. Andrus, Secretary of the Interior; Frank Gregg, Director of the Bureau of Land Management; and Northern Tier Pipeline Company, a Delaware corporation, Defendants.

United States District Court, W. D. of Washington.

February 9, 1981.


Attorney(s) appearing for the Case

Craig A. Ritchie, Doherty, Doherty & Ritchie, Port Angeles, Wash., for No Oilport plaintiffs.

Craig L. Miller, City Atty., Port Angeles, Port Angeles, Wash., for City of Port Angeles plaintiff.

Grant S. Meiner, Pros. Atty., Clallam County, Port Angeles, Wash., for Clallam County plaintiff.

Russell W. Busch, Evergreen Legal Services, Native American Project, Seattle, Wash., Stephen V. Quesenberry, Skokomish Tribal Office, Shelton, Wash., Donald S. Means, Peter J. Wilke, P. S., Swinomish Tribal Community, Bellevue, Wash., Robert D. Wilson-Hoss, Squaxin Island Tribe, Shelton, Wash., for Indian Tribes plaintiffs.

John C. Merkel, U. S. Atty., David E. Wilson, Asst. U. S. Atty., Seattle, Wash., Lois J. Schiffer, Andrew F. Walch, Nancy B. Firestone, Attys., Dept. of Justice, Land and Natural Resources Div., Washington, D. C., for Federal defendants.

Robert H. Loeffler, Alan Cope Johnston, Steven S. Rosenthal, Morrison & Foerster, Washington, D. C., Gordon G. Conger, Larry M. Carter, Preston, Thorgrimson, Ellis & Holman, Seattle, Wash., for Northern Tier Pipeline Co. defendant.


OPINION

BELLONI, District Judge:

I. INTRODUCTION

This litigation consists of three consolidated cases in which plaintiffs seek to block construction of an oil pipeline which is proposed to originate in Port Angeles, Washington, and terminate in Clearbrook, Minnesota. Plaintiffs in Civil No. 80-360 are a number of environmental groups; they shall be collectively referred to as No Oilport. Plaintiffs in Civil No. 80-369 are the City of Port Angeles...

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