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MERRELL v. BLOCK

No. 83-4258.

797 F.2d 740 (1986)

Paul E. MERRELL, Plaintiff-Appellant, and Oregon Coast Range Residents, Bonnie Hill and Tony Hill, et al., Plaintiffs-Intervenors, v. J.R. BLOCK, Secretary, United States Department of Agriculture, William Clark, Secretary, United States Department of the Interior, and Acting Administrator, United States Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 15, 1986.

Attorney(s) appearing for the Case

Mike Axline, Eugene, Or., for plaintiff-appellant.

Albert M. Ferlo, Jr., Atty. U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BROWNING and ALARCON, Circuit Judges, and STEPHENS, Senior District Judge.

STEPHENS, District Judge:

On April 15, 1981, Paul Merrell filed a complaint pro se for declaratory and injunctive relief against the United States Forest Service, the Bureau of Land Management and the Environmental Protection Agency. Merrell's complaint alleged that the defendants had violated the National Environmental Policy Act (NEPA), 42 U.S.C. Section 4321, et seq., because they had conducted an annual herbicide spraying program near his home in...

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