NATIONAL WILDLIFE FEDERATION v. BURFORD

No. 86-5239, 86-5240.

835 F.2d 305 (1987)

NATIONAL WILDLIFE FEDERATION v. Robert F. BURFORD, et al., Appellants, Mountain States Legal Foundation, et al. (Two Cases).

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1987

As Amended December 15, 1987.


Attorney(s) appearing for the Case

Jacques B. Gelin, Atty., Dept. of Justice, with whom Robert L. Klarquist and David A. Kubichek, Attys., Dept. of Justice, and Gary L. Bohlke, Atty., Dept. of the Interior, Washington, D.C., were on the brief for federal appellants in No. 86-5239 and cross-appellee in No. 86-5240.

Constance E. Brooks, Washington, D.C., with whom Casey Shpall, Denver, Colo., was on the brief for Mountain States Legal Foundation, et al., appellants in No. 86-5240 and cross-appellee in No. 86-5239.

Eldon V.C. Greenberg, with whom Norman L. Dean, Jr., and Kathleen C. Zimmerman, Washington, D.C., were on the brief for National Wildlife Federation, appellee in Nos. 86-5239 and 86-5240.

Before MIKVA and WILLIAMS, Circuit Judges, and WEIGEL, Senior District Judge.


Opinion for the Court filed by Circuit Judge MIKVA.

Opinion concurring in part and dissenting in part filed by Circuit Judge WILLIAMS.

MIKVA, Circuit Judge:

The National Wildlife Federation (the Federation), a private organization dedicated to conserving the nation's natural resources, brought suit against the Director of the Bureau of Land Management, the Secretary of the Interior, and the Department of the...

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