NATIONAL COAL ASS'N v. CLARK

Civ. A. Nos. 83-2985, 83-3320 and 83-3330.

603 F.Supp. 668 (1984)

NATIONAL COAL ASSOCIATION, et al., Plaintiffs, v. William CLARK, et al., Defendants. NATIONAL COAL ASSOCIATION, et al., Plaintiffs, v. William CLARK, et al., Defendants. NORTHERN PLAINS RESOURCE COUNCIL, et al., Plaintiffs, v. William CLARK, et al., Defendants.

United States District Court, District of Columbia.

November 28, 1984.


Attorney(s) appearing for the Case

Arnold Levy, Jerome H. Simonds, John S. Lopatto, III, Freedman, Levy, Kroll & Simonds, Washington, D.C., for plaintiffs Nat. Coal Ass'n and Mining and Reclamation Council of America; Robert Stauffer, Peter A. Gabauer, Deputy Gen. Counsel, Thomas Altmeyer, Washington, D.C., of counsel.

Robert D. Daniel, Sp. Litigation Counsel, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for federal defendants; John J. McHale, Energy and Resources, U.S. Dept. of the Interior, Washington, D.C., of counsel.

Russell H. Carpenter, Jr., Laird Hart, Covington & Burling, Washington, D.C., for defendants Rocky Mountain Energy Co., Union Pacific Corp., and Union Pacific R. Co.

Steven P. Quarles, Thomas R. Lundquist, Crowell & Moring, Washington, D.C., Stephen H. Foster, Holland & Hart, Billings, Mont., for defendant Meridian Land and Mineral Co.

Guy R. Martin, Perkins, Coie, Stone, Olsen & Williams, Washington, D.C., for defendants Burlington Northern, Inc., and Burlington Northern R. Co.

David Charles Masselli, Washington, D.C., James A. Patten, Patten & Renz, Billings, Mont., Thomas France, National Wildlife Federation, Northern Rockies Natural Resource Center, Missoula, Mont., for plaintiff Northern Plains Resource Council.


MEMORANDUM ORDER

HAROLD H. GREENE, District Judge.

These three cases involve challenges to decisions of the Department of the Interior to exchange federal property containing substantial coal reserves for property owned by entities which are subsidiaries of, or otherwise controlled by, major railroads. In No. 83-2985, plaintiffs, which are trade associations representing coal producers, challenge the Department's "Corral Canyon" (Wyoming) exchange with defendant...

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