STATE OF CAL. v. WATT

Nos. 81-5699 to 81-5701, 81-5811 to 81-5815, 81-5720 and 81-5822.

683 F.2d 1253 (1982)

The 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, the California Department of Fish and Game, the California Department of Conservation, Plaintiffs-Appellees, v. James G. WATT, as Secretary of the Interior; the United States Department of the Interior; Edward Hastey, as Acting Director of the United States Bureau of Land Management; Robert Burford, as Director Designate of the United States Bureau of Land Management, in his official capacity as Director when and if assumed; the United States Bureau of Land Management, Defendants, Western Oil and Gas Association, a regional trade association; Amoco Production Company, a corporation; Atlantic Richfield Company, a corporation; Champlin Refining Company, a corporation; Chevron U. S. A. Inc.; Cities Service Company, a corporation; Conoco, Inc.; Elf Acquitaine Oil and Gas, a corporation; Exxon Corporation; Getty Oil Company, a corporation; Gulf Oil Corporation; Phillips Petroleum Company, a corporation; and Shell Oil Company, a corporation, Defendants-in-Intervention/Appellants. NATURAL RESOURCES DEFENSE COUNCIL, INC.; the Sierra Club; Friends of the Earth; Friends of the Sea Otter; and the Environmental Coalition on Lease Sale 53, Plaintiffs-Appellees, v. James G. WATT, as Secretary of the Interior, etc., et al., Defendants, Western Oil and Gas Association, a regional trade association, etc., et al., Defendants-in-Intervention/Appellants. STATE OF CALIFORNIA, acting By and Through Governor Edmund G. BROWN, Jr., etc., et al., Plaintiffs-Appellees, County of Humboldt; County of Marin; County of Mendocino; County of Monterey; County of San Luis Obispo; County of San Mateo; County of Santa Barbara; County of Santa Clara; County of Santa Cruz; County of Sonoma; City and County of San Francisco; City of Brisbane; City of Capitola; City of Carmel-By-the-Sea; City of Los Angeles; City of Morro Bay; City of Pismo Beach; City of San Luis Obispo; City of Santa Barbara; City of Santa Cruz; City of Santa Monica; City of Seaside; Association of Monterey Bay Area Governments, Plaintiffs-in-Intervention/Appellees, v. James G. WATT, as Secretary of the Interior, etc., et al., Defendants-Appellants. NATURAL RESOURCES DEFENSE COUNCIL, INC., etc., et al., Plaintiffs, County of San Diego, Plaintiff-in-Intervention/Appellant, v. James G. WATT, as Secretary of the Interior, etc., et al., Defendants-Appellees, Western Oil and Gas Association, a regional trade association, etc., et al., Defendants-in-Intervention/Appellees. NATURAL RESOURCES DEFENSE COUNCIL, INC., etc., et al., Plaintiffs-Appellants, v. James G. WATT, as Secretary of the Interior, etc., et al., Defendants-Appellees. STATE OF CALIFORNIA, acting By and Through Governor Edmund G. BROWN, Jr., etc., et al., Plaintiffs, County of San Diego, Plaintiff-in-Intervention/Appellant, v. James G. WATT, as Secretary of the Interior, etc., et al., Defendants-Appellees, Western Oil and Gas Association, a regional trade association, etc., et al., Defendants-in-Intervention/Appellees. NATURAL RESOURCES DEFENSE COUNCIL, INC., etc., et al., Plaintiffs, County of Humboldt, etc., et al., Plaintiffs-in-Intervention/Appellants, v. James G. WATT, as Secretary of the Interior, etc., et al., Defendants-Appellees, Western Oil and Gas Association, a regional trade association, etc., et al., Defendants-in-Intervention/Appellees. The STATE OF CALIFORNIA, acting By and Through Governor Edmund G. BROWN, Jr., etc., et al., Plaintiffs-Appellants, County of Humboldt, etc., et al., Plaintiffs-in-Intervention, v. James G. WATT, as Secretary of the Interior, etc., et al., Defendants-Appellees, Western Oil and Gas Association, a regional trade association, etc., et al., Defendants-in-Intervention/Appellees. NATURAL RESOURCES DEFENSE COUNCIL, INC., etc., et al., Plaintiffs-Appellees, County of Humboldt, etc., et al., Plaintiffs-in-Intervention/Appellees, v. James G. WATT, as Secretary of the Interior; etc., et al., Defendants-Appellants. The STATE OF CALIFORNIA, acting By and Through Governor Edmund G. BROWN, Jr., etc., et al., Plaintiffs, County of Humboldt, etc., et al., Plaintiffs-in-Intervention/Appellants, v. James G. WATT, as Secretary of the Interior, etc., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 12, 1982.

Rehearings and Rehearings Denied November 10, 1982.


Attorney(s) appearing for the Case

Theodora Berger, Deputy Atty. Gen., Los Angeles, Cal., for State of Cal.

Donatas Januta, San Francisco, Cal., argued, for Coastal Counties and Cities; Irwin D. Karp, Januta & Karp, San Francisco, Cal., on brief.

Greer Knopf, Deputy County Counsel, San Diego, Cal., for San Diego County.

Trent W. Orr, Natural Resources Defense Council, San Francisco, Cal., argued, for Natural Resources Defense Counsel; Sarah Chasis, Natural Resources Defense Council, New York City, Julie E. McDonald, Sierra Club Legal Defense Fund, San Francisco, Cal., on brief.

E. Edward Bruce, Covington & Burling, Washington, D. C., for Watt, Western Oil & Gas Ass'n, et al.

Peter R. Steenland, Jr., Atty., Dept. of Justice, Washington, D. C., for U. S.

H. Bartow Farr, III, Joseph N. Onek, Peter E. Scheer, Onek, Klein & Farr, Washington, D. C., for amicus curiae Coastal States Organization.

Before SNEED, TANG and PREGERSON, Circuit Judges.


Rehearings and Rehearings En Banc Denied November 10, 1982.

SNEED, Circuit Judge:

This appeal concerns a dispute over the proposed sale by the United States Department of Interior of leases to drill for and extract oil and gas in the outer continental shelf (OCS) off the coast of California.

Plaintiffs below were the State of California and various agencies within the state. Intervening as plaintiffs were various cities and counties in California ...

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