ROMER v. CARLUCCI

Nos. 86-1458, 86-1517.

847 F.2d 445 (1988)

Roy R. ROMER, Governor of the State of Colorado; City of Boulder, Colorado; Board of County Commissioners of the County of Boulder, Colorado; City of Fort Collins, Colorado; Board of County Commissioners of the County of Larimer in the State of Colorado; City of Loveland, Colorado; and the City and County of Denver, Colorado, Appellants, v. Frank C. CARLUCCI, in his capacity as Secretary of Defense; UNITED STATES Department of Defense; Edward C. Aldridge, in his capacity as Secretary of the Air Force; United States Department of the Air Force; and Ronald Reagan, President of the United States, Appellees. WESTERN SOLIDARITY, Tri-State MX Coalition, Inc., Nebraskans Opposed to the MX, Nebraska Nuclear Weapons Freeze Campaign, Nebraskans for Peace, Denver Nuclear Weapons Freeze Campaign, Poudre Valley Nuclear Weapons Freeze Campaign, Boulder Womens International League for Peace and Justice, MX Information Center, Black Hills Alliance, Rocky Mountain Farmers Union, Wyoming Outdoor Council, National Campaign to Stop the MX, Mobilization for Survival, American Indians against Desecration, Wyoming State Representative Lynn Dickey, Bishop Bob Gordon Jones, Reverend LaRoy Seaver, Reverend Norman Austin, Reverend Howard Osborn, Reverend Richard Hill, Reverend Joseph Moroney, Reverend Ed Dolinar, Reverend Michael Carr, Reverend Ben Perry, Reverend Joseph Damhorst (S.J.), Reverend Robert Davidson, Vernal Cross, Leonard Crow Dog, Matthew King, Mark Koons, Mary Ann Buscaj, Norma DeSelms, Kenneth DeSelms, Gene Zimmerman, Helen O'Grady, Andrea Convoy, Mae Kirkbride, Linda Kirkbride, Roger Byrd, Friends of the Earth, Inc., Committee for a Sane Nuclear Policy, Council for a Livable World and Environmental Action, Inc., Appellants, (Intervenor Plaintiffs Below) v. Ronald REAGAN, President of the United States of America; Frank C. Carlucci, Secretary of Defense; Edward C. Aldridge, Secretary of the Air Force, United States Department of Defense, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 18, 1988.


Attorney(s) appearing for the Case

Neal T. Kilminster, Washington, D.C., for appellants.

Peter R. Steenland, Jr., Dept. of Justice, Washington, D.C., for appellees.

Before LAY, HEANEY, BRIGHT, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN and MAGILL, Circuit Judges.


HEANEY, Circuit Judge.

I. OVERVIEW

In this case, the Court sitting en banc reconsiders the challenges of the state of Colorado and various environmental organizations to the adequacy of an environmental impact statement submitted by the Department of the Air Force. The statement was filed in conjunction with the proposed deployment of MX missiles in former Minuteman III missile silos in Colorado and Nebraska. We reverse the district court's finding that...

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