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SIERRA CLUB v. PENFOLD

Nos. 87-3597, 87-4094, 87-4132 and 87-4209.

857 F.2d 1307 (1988)

SIERRA CLUB, Northern Alaska Environmental Center, Wilderness Society, Birch Creek Village Council, Minto Village Council, Golovin Traditional Council, Nunam Kitlutsisti, and Cenaliulriit Coastal Management District, Plaintiffs-Appellants-Cross-Appellees, v. Michael PENFOLD, Director of the Alaska State Office of the Bureau of Land Management, Donald P. Hodel, Secretary of the Interior, Robert F. Burford, Director of the Bureau of Land Management, Donald E. Runberg, Acting District Manager of the Fairbanks District Office of the Alaska State Office of the Bureau of Land Management, Wayne A. Boden, District Manager of the Anchorage District of the Alaska State Office of the Bureau of Land Management, Department of the Interior, and Bureau of Land Management, Defendants-Appellees-Cross-Appellants. and Alaska Miners Association, Miners Advocacy Council, Valdez Creek Group, and Joseph Vogler, Defendants-Intervenors-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Reargued December 9, 1987.

Resubmitted December 9, 1987.

Decided September 21, 1988.

As Amended October 21, 1988.

Attorney(s) appearing for the Case

Philip S. Barnett, Sierra Club Legal Defense Fund, Inc., Juneau, Alaska, for plaintiffs-appellants-cross-appellees.

Blake A. Watson, Dept. of Justice, Washington, D.C., for defendants-appellees-cross-appellants.

James S. Burling, Pacific Legal Foundation, Anchorage, Alaska, for defendants-intervenors-appellees-cross-appellants.

Before GOODWIN, ANDERSON and BRUNETTI, Circuit Judges.

J. BLAINE ANDERSON,* Circuit Judge:

This case involves a plethora of issues and a number of separate actions which were consolidated for purposes of appellate review. The actions center around federal regulation of placer mining on public lands in Alaska. Since each appeal involves facts and issues peculiar to it, the appeals are addressed separately. The additional facts necessary for each appeal are added where appropriate.

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