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NORTHERN CHEYENNE TRIBE v. HODEL

No. 86-4389.

842 F.2d 224 (1988)

NORTHERN CHEYENNE TRIBE, Plaintiff-Appellant, v. Donald P. HODEL, Secretary of the Interior, et al., Defendants-Appellees, Western Energy Co.; Wesco Resources, Inc.; and Thermal Energy, Inc., Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 15, 1988.

Attorney(s) appearing for the Case

Steven H. Chestnut and Marc D. Slonim, Seattle, Wash., for plaintiff-appellant.

F. Henry Habicht, II, Jacques B. Gelin, Michael W. Reed, Robert L. Klarquist and William R. Murray, Jr., Washington, D.C., Bryon H. Dunbar, Billings, Mont., for defendants-appellees.

L.W. Peterson, Billings, Mont., for Wesco Resources, Inc.

Stephen H. Foster, Billings, Mont., for Thermal Energy, Inc.

James A. Poore, III and Gary L. Walton, Butte, Mont., for Western Energy.

Before WALLACE, NORRIS and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

The Northern Cheyenne Tribe (the Tribe) appeals from an amended injunction against the Secretary of the Interior (Secretary). The amended injunction is defended by the Secretary and by Thermal Energy, Inc. (Thermal), Wesco Resources, Inc. (Wesco), and Western Energy Co. (Western Energy). Jurisdiction exists under 28 U.S.C. §§ 1331 and 1362. We hold that the injunction should be modified further and remand for this purpose.

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