Matt JOHNSTON, Mike Johnston, Associated Enterprises, Inc., a Wyoming corporation, and Bard Ranch Company, a Wyoming corporation, Plaintiffs-Appellants,
v.
R.M. DAVIS, Administrator of the Soil Conservation Service, United States Department of Agriculture, et al., Defendants-Appellees.
Toltec Watershed Improvement District, Intervenor.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
January 25, 1983.
January 25, 1983.
Attorney(s) appearing for the Case
Kim D. Cannon, Sheridan, Wyo. (Henry A. Burgess, Sheridan, Wyo., with him on the brief) of Burgess & Davis, Sheridan, Wyo., for plaintiffs-appellants.
Dirk D. Snel, Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Laura Frossard, Dept. of Justice, Washington, D.C., and Toshiro Suyematsu, U.S. Atty., Cheyenne, Wyo., with him on the brief), for defendants-appellees.
Fred W. Phifer, Wheatland, Wyo. (Sky D. Phifer, Wheatland, Wyo., with him on the brief) of Phifer & Phifer, Wheatland, Wyo., for intervenor.
Before SETH, Chief Judge, and McWILLIAMS and McKAY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
McKAY, Circuit Judge.
This case presents the latest chapter in litigation concerning the Toltec Reservoir Project.1 In this appeal, the plaintiffs rely on provisions of the National Environmental Policy Act of 1969 ("NEPA"), 42 U.S.C. §§ 4321-4347 (1976) to challenge the project. They assert that the lower court erred in declaring that the Environmental Impact Statement ("EIS") describing the project was in full compliance with...
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