UTAH INTERN. v. DEPT. OF INTERIOR OF THE U.S.

Civ. Nos. C-81-0090W, C-81-0093W and C-81-0172W.

553 F.Supp. 872 (1982)

UTAH INTERNATIONAL, INC., a corporation, and Nevada Electric Investment Company, a corporation, Plaintiffs, v. DEPARTMENT OF the INTERIOR OF THE UNITED STATES; James G. Watt, Secretary of the Interior; the Office of Surface Mining; J.R. Harris, Director of the Office of Surface Mining; the Environmental Defense Fund; Friends of the Earth; the Sierra Club; Sylvan Johnson; Leon Lippincott; Caroline Lippincott; Jet Mackelprang; Cynthia Myers; Susan Hittson; Larry Little; Gary A. Kalpakoff; Joan A. Kalpakoff; and East Canyon Irrigation Company, Defendants. STATE OF UTAH, By and Through its DIVISION OF STATE LANDS AND FORESTRY and Its DIVISION OF OIL, GAS AND MINING, Plaintiffs, v. James G. WATT, Secretary of the United States Department of the Interior, and the United States of America, Defendants. SIERRA CLUB, a non-profit corporation; Friends of the Earth, a non-profit corporation; Jet Mackelprang; Cynthia Myers; Susan Hittson; and Caroline Lippincott, Plaintiffs, v. James G. WATT, in his capacity as Secretary of the United States Department of the Interior; the Department of the Interior of the United States; Andrew V. Bailey, in his capacity as Acting Director of the Office of Surface Mining; the Office of Surface Mining; Utah International, Inc., a corporation; and Nevada Electric Investment Company, a corporation, Defendants.

United States District Court, D. Utah, C.D.

December 28, 1982.


Attorney(s) appearing for the Case

Allan N. Littman, Michael R. Barr, Ronald E. Van Buskirk, John M. Grenfell, San Francisco, Cal., F. Alan Fletcher, Robert Pruitt, III, Salt Lake City, Utah, for plaintiffs Utah Intern., Inc., and Nevada Elec. Inv. Co.

Brent D. Ward, U.S. Atty., Joseph W. Anderson, Asst. U.S. Atty., Salt Lake City, Utah, Alfred T. Ghiorzi, Ezra D. Rosenberg, Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for Federal defendants.

David Mastbaum, Environmental Defense Fund, Denver, Colo., William J. Lockhart, Wayne McCormack, Salt Lake City, Utah, for defendants-intervenors Environmental Defense Fund, Inc., Sylvan Johnson, Leon Lippincott, Larry Little, Gary A. Kalpakoff, and East Canyon Irrigation Co.

William S. Curtiss, H. Anthony Ruckel, Sierra Club Legal Defense Fund, Inc., Denver, Colo., Wayne G. Petty, Salt Lake City, Utah, for defendants Sierra Club, Friends of the Earth, Jet Mackelprang, Cynthia Myers, Susan Hittson, and Caroline Lippincott.

Anne M. Stirba, Asst. Atty. Gen., Carolyn Driscoll, Sp. Asst. Atty. Gen., Salt Lake City, Utah, for plaintiff State of Utah.


MEMORANDUM DECISION

WINDER, District Judge.

Presently pending in this case are several motions and cross-motions for summary judgment. These motions were argued on September 30, 1982. Plaintiffs Utah International, Inc., and Nevada Electric Investment Co., (hereinafter referred to as "UII and NEICO") were represented by Ronald E. Van Buskirk, Allan N. Littman, and F. Alan Fletcher. The Sierra Club, Friends of the Earth, Jet Mackelprang, Cynthia Myers, Susan...

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