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PARK CTY. RES. COUN. v. U.S. DEPT. OF AGRICULTURE

No. 85-2000.

817 F.2d 609 (1987)

PARK COUNTY RESOURCE COUNCIL, INC., et al., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants-Appellees, and Marathon Oil Company, et al., Defendants-Intervenors/Appellees, Mountain States Legal Foundation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 17, 1987.

Attorney(s) appearing for the Case

Patrick J. Marley and Marc L. Goldstein of Cole & Marley, Los Angeles, Cal. (the law firm of Spence, Moriarity & Schuster, Jackson, Wyo., and Don W. Riske, Cheyenne, Wyo., with them on the brief), for plaintiffs-appellants.

Ellen J. Durkee, Dept. of Justice, Washington, D.C. (F. Henry Habicht II, Asst. Atty. Gen.; Richard A. Stacy, U.S. Atty., for the Dist. of Wyo.; and Jacques B. Gelin, Dept. of Justice; and Marla Mansfield and William R. Murray, Jr., Office of the Solicitor, Dept. of the Interior, Washington, D.C.; and Michael J. Gippert and Pamela Piech, Office of General Counsel, Dept. of Agriculture, Washington, D.C., of counsel), for defendants-appellees.

Stanley K. Hathaway of Hathaway, Speight and Kunz, Cheyenne, Wyo. (Brent R. Kunz of Hathaway, Speight and Kunz, Cheyenne, Wyo., and Clyde O. Martz and Charles L. Kaiser of Davis, Graham & Stubbs, Denver, Colo., with him on the brief), for defendants-intervenors/appellees.

Constance E. Brooks and Matthew Y. Biscan of Mountain States Legal Foundation, Denver, Colo., for amicus curiae.

Before McKAY, SEYMOUR and TACHA, Circuit Judges.

McKAY, Circuit Judge.

Section 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321-4370 (1982 & Supp. III 1985) (NEPA), requires that all federal agencies prepare a detailed environmental impact statement (EIS) "in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment." 42 U.S.C. § 4332(2)(C). The plaintiffs in this suit contend...

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