STATE OF CAL. v. WATT

Nos. 80-1894, 80-1897, 80-1935, 80-1991, 82-1822, 80-1823, 80-1824, 80-1825, 82-1826, 82-2081, 82-2085, 82-2097, 82-2102 and 82-2118.

712 F.2d 584 (1983)

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 Interior and the 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. STATE OF CALIFORNIA, Acting By and Through Governor Edmund G. BROWN, Jr., and the California Coastal Commission, 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 Interior and the United States Department of the Interior, Respondents, American Petroleum Institute, et al., Intervenors. NATURAL RESOURCES DEFENSE COUNCIL, INC., Sierra Club, Friends of the Earth, National Wildlife Federation, National Audubon Society, Conservation Law Foundation of New England, Inc. and Trustees for Alaska, 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, Petitioner, v. James G. WATT, Secretary of the Interior and the United States Department of the Interior, Respondents, American Petroleum Institute, et al., Intervenors. CENALIULRITT, the Yukon-Kuskokwim Coastal Resource Service Area Board, Petitioner, 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 FLORIDA ex rel. Bob GRAHAM, Governor, and Jim Smith, Attorney General: State of Florida Department of Natural Resources: State of Florida Department of Environmental Regulation, 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 WASHINGTON, Petitioner, v. James G. WATT, Secretary of the Interior and the United States Department of the Interior, Respondents, American Petroleum Institute, et al., Intervenors. CITY OF LOS ANGELES, Petitioner, 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 OREGON, Petitioner, 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 OREGON, Petitioner, v. James G. WATT, Secretary of the Interior and the United States Department of the Interior, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 1983.


Attorney(s) appearing for the Case

John A. Saurenman, Deputy Atty. Gen., State of Cal., with whom Theodora Berger, Deputy Atty. Gen., State of Cal., were on brief for petitioners in Nos. 80-1894 and 82-1822.

Lauri J. Adams, Asst. Atty. Gen., State of Alaska, with whom Wilson Condon, Atty. Gen., State of Alaska, and Jonathan K. Tillinghast, Sp. Asst. Atty. Gen., State of Alaska, were on brief for petitioner in Nos. 80-1897 and 82-1823.

James M. Hecker, with whom Bruce J. Terris and Edward H. Comer, were on brief for petitioners in Nos. 80-1991 and 82-1825.

Sarah Chasis, with whom Jane Bloom, were on brief for petitioners in Nos. 80-1935 and 82-1824.

Norman A. Cohen, was on brief for petitioner in Nos. 82-2102 and 82-2118.

Kay Kiner James, Asst. Atty. Gen., State of Oregon, with whom William F. Gary, Sol. Gen., State of Or., were on brief for petitioner in No. 82-2085.

Charles B. Roe, Jr., Senior Asst. Atty. Gen., State of Wash., was on brief for petitioner in No. 82-2085.

Charles H. Martin, and Bruce Barkett, Attys., State of Florida, entered appearances for petitioner in No. 82-2081.

Jan Chatten-Brown, Senior Asst. City Atty., entered an appearance for petitioner in No. 82-2097.

Wells D. Burgess, Atty., U.S. Dept. of Justice, for respondents. Carol E. Dinkins, Asst. Atty. Gen., U.S. Dept. of Justice, was on brief for respondents.

E. Edward Bruce, with whom Bobby R. Burchfield, Constance J. Chatwood, Stark Ritchie and David T. Deal, were on the brief for intervenors.

Stephen M. Leonard, Asst. Atty. Gen., Commonwealth of Massachusetts, was on the brief for amicus curiae, Francis X. Bellotti, Atty. Gen., Commonwealth of Massachusetts, urging remand to the Secretary for reconsideration.

Michael Axline and Richard Hildreth, were on brief for amicus curiae, Oregon Shores Conservation Coalition, Inc., et al., urging remand to the Secretary for reconsideration in Nos. 82-2102, 82-2118, 82-2081, 82-2085 and 82-2097. John E. Bonine also entered an appearance for Amicus Curiae in No. 82-2102.

Before ROBINSON, Chief Judge, WILKEY and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

This case requires the court, for the second time, to review the Secretary of Interior's proposed five year schedule of offshore oil and gas leasing activity. After our first review we remanded the program to the Secretary to correct defects resulting largely from the Secretary's erroneous interpretation of the relevant statute. This time we uphold the program, concluding that the...

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