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TRIBAL VILLAGE OF AKUTAN v. HODEL

Nos. 88-3610, 88-3703, 88-3729.

869 F.2d 1185 (1988)

TRIBAL VILLAGE OF AKUTAN; Tribal Village of Togiak, a federally recognized Tribe; The Tribal Village of Nelson Lagoon, a federally recognized Tribe; Steve Cowper; Governor of Alaska, et al., Plaintiffs-Appellants, v. Donald HODEL, Secretary of the Interior; and United States Department of the Interior, Defendants-Appellees, Amoco Production Company; ARCO Alaska, Inc.; Chevron USA, Inc., et al.; International Association of Geophysical Contractors, Defendant-Intervenors/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1988.

As Amended on Denial of Rehearing and Rehearing March 9, 1989.

Attorney(s) appearing for the Case

Carol H. Daniel, Alaska Legal Services Corp., Eric Smith, Anchorage, Alaska, Gary I. Amendola, Asst. Atty. Gen., State of Alaska, for plaintiffs-appellants.

Jacques B. Gelin, Atty., Land & Natural Resources Div., U.S. Dept. of Justice, for defendants-appellees.

E. Edward Bruce, Covington & Burling, Washington, D.C., Carl J.D. Bauman, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Alaska, Nathan S. Bergerbest, Doyle & Savit, Washington, D.C., Cathy Dobbs, Dobbs, Berger, Molinari, Casalnuovo, Vannelli & Nadel, San Francisco, Cal., for intervenors-appellees.

John A. Saurenman, Deputy Atty. Gen., State of Cal., Kathleen A. Weeks, Pacific Legal Foundation, Sacramento, Cal., for amici.

Before TANG, KOZINSKI and THOMPSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc March 9, 1989.

KOZINSKI, Circuit Judge:

The Tribal Village of Akutan and two other tribal villages, the Trustees for Alaska and twelve other environmental organizations, and the State of Alaska and seven organizations concerned with the preservation of Alaska's fisheries (Alaska), appeal the district court's grant of summary judgment in favor of the Secretary of the Interior, the Department of the Interior...

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