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FOUNDATION ON ECONOMIC TRENDS v. HECKLER

Nos. 84-5314, 84-5419.

756 F.2d 143 (1985)

FOUNDATION ON ECONOMIC TRENDS, et al. v. Margaret M. HECKLER, Secretary of the Department of Health & Human Services, et al., Regents of the University of California, a Corporation, Appellant. FOUNDATION ON ECONOMIC TRENDS, et al. v. Margaret M. HECKLER, Secretary of the Department of Health & Human Services, et al., Appellants, Regents of the University of California.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 1985.

Attorney(s) appearing for the Case

J. Carol Williams, Atty., Dept. of Justice, Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Judith Bartnoff, Asst. U.S. Atty., and Martin W. Matzen, Atty., Dept. of Justice, Washington, D.C., were on brief, for federal appellants.

William A. Anderson, III, Washington, D.C., with whom Darci L. Rock, Washington, D.C., was on brief, for appellant Regents of the University of California.

Edward Lee Rogers, New York City, for appellees Foundation on Economic Trends et al.

Sheldon E. Steinbach, Washington, D.C., was on brief for amici curiae American Council on Education et al., urging reversal.

Before WRIGHT and MIKVA, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Concurring opinion filed by Senior Circuit Judge MacKINNON.

J. SKELLY WRIGHT, Circuit Judge:

Almost 14 years ago, soon after passage of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. (1982), this court faced the challenge of ensuring that the Act's "important legislative purposes, heralded in the halls of Congress, [were] not lost or misdirected in the...

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