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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. HODEL

No. 87-1432, et al.

865 F.2d 288 (1988)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Petitioners, v. Donald P. HODEL, Secretary of the Interior, Respondent, the American Petroleum Institute, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1988.

Attorney(s) appearing for the Case

James Thornton, Natural Resources Defense Council, Inc., et al., New York City, and John A. Saurenman, Deputy Atty. Gen., State of Cal., Los Angeles, Cal., with whom Mary Gray Holt, Deputy Gen. Counsel, State of Cal., Long Beach, Cal., Joseph Spicola, Gen. Counsel, Tampa, Fla., and Louis F. Hubener, Asst. Atty. Gen., State of Fla., Tallahasse, Fla., James M. Shannon, Atty. Gen., and Lee P. Breckenridge, Asst. Atty. Gen., State of Mass., Boston, Mass., Michael D. Reynolds and Philip Schradle, Asst. Attys. Gen., State of Or., Salem, Ore., Jerry A. Ackerman, Asst. Atty. Gen., State of Wash., Roger Beers, County of Mendocino, et al., San Francisco, Cal., and Sarah Chasis, Natural Resources Defense Council, Inc., et al., New York City, were on the brief, for petitioners.

Rebecca A. Donnellan and Wells D. Burgess, Attys., Dept. of Justice, with whom Roger J. Marzulla, Asst. Atty. Gen., Dirk D. Snel, Atty., Dept. of Justice, and Susan Hoven, Atty., Dept. of Interior, Washington, D.C., were on the brief, for respondent.

E. Edward Bruce, with whom Richard H. Seamon, G. William Frick, and James K. Jackson, Washington, D.C., were on the brief, for Intervenors, The American Petroleum Institute, et al. Bobby R. Burchfield, Washington, D.C., Philip K. Verleger and Donna R. Black, Los Angeles, Cal., also entered appearances for American Petroleum Institute, et al.

Robert S. Venning, with whom Gregory S. Gilchrist, San Francisco, Cal., was on the brief, for amici curiae, Rep. Leon Panetta, et al.

Before RUTH BADER GINSBURG, STARR, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judges RUTH BADER GINSBURG, STARR, and SENTELLE.

Opinion dissenting in part filed by Circuit Judge STARR.

                                TABLE OF CONTENTS
                                                                Page
  I. BACKGROUND ................................................ 291
 II. MOTION TO SUPPLEMENT THE RECORD ........................... 293
III. NEPA ISSUES ...................................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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