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SIERRA CLUB v. BLOCK

Civ. A. No. 84-K-2.

622 F.Supp. 842 (1985)

SIERRA CLUB, a nonprofit California corporation, Plaintiff, v. John BLOCK, in his original capacity as Secretary of Agriculture and Max Peterson, in his official capacity as Chief of the Forest Service, Federal Defendants, and Mountain States Legal Foundation, a nonprofit Colorado corporation on behalf of named and unnamed members; Colorado Cattlemen's Association, a nonprofit Colorado corporation; Colorado Farm Bureau, a nonprofit Colorado corporation; National Cattlemen's Association, a nonprofit Colorado corporation; and Colorado Water Congress; Colorado Water Conservation Board; and City and County of Denver, acting by and through its Board of Water Commissioners, Defendant-Intervenors.

United States District Court, D. Colorado.

November 25, 1985.

Attorney(s) appearing for the Case

Lori Potter, Sierra Club Legal Defense Fund, Denver, Colo., for plaintiff.

Casey Shpall, Mountain States Legal Foundation, Denver, Colo., for Mountain States, et al.

Clyde O. Martz, John M. Sayre, Gregory J. Hobbs, Jr., Zach C. Miller, Bennett W. Raley, Davis, Graham & Stubbs, Denver, Colo., for Colorado Water Congress.

Paula C. Phillips, Lois Witte, Carol Angel, Asst. Attys. Gen., Denver, Colo., for Colorado Water Conservation Bd.

Wayne D. Williams, Michael L. Walker, Henry C. Teigen, Denver, Colo., for City & County of Denver.

Jack F. Ross, Christopher R. Paulson, Melvin B. Sabey, James F. Engelking, Saunders, Snyder, Ross & Dickson, Denver, Colo., special counsel for City & County of Denver.

Stuart Shelton, Office of General Counsel, U.S. Dept. of Agriculture, Washington, D.C., Robert N. Miller, U.S. Atty., Richard J. Nolan, Asst. U.S. Atty., John R. Hill, Jr., U.S. Dept. of Justice, Land & Natural Resources Div., Denver, Colo., for Federal defendants.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

I. INTRODUCTION

Plaintiff Sierra Club brought this action seeking relief against the following federal officials: John Block, Secretary of Agriculture; Max Peterson, Chief of the Forest Service; William Clark, Secretary of the Interior; and Russell Dickenson, Director of the National Park Service (hereafter referred to as federal defendants).1 Several

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