NATIONAL WILDLIFE FEDERATION v. BURFORD

Nos. 88-5397, 88-5291.

878 F.2d 422 (1989)

NATIONAL WILDLIFE FEDERATION, Appellant, v. Robert F. BURFORD, et al. NATIONAL WILDLIFE FEDERATION v. Robert F. BURFORD, et al. Appeal of ASARCO INCORPORATED, Applicant for Intervention.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 1989.


Attorney(s) appearing for the Case

Eldon V.C. Greenberg, with whom Kathleen C. Zimmerman and Norman L. Dean, Jr., Washington, D.C., were on the brief, for appellant in No. 88-5397.

Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., with whom Donald A. Carr, Acting Asst. Atty. Gen., Robert L. Klarquist and Fred R. Disheroon, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellees in No. 88-5397.

Jerry L. Haggard, Phoenix, Ariz., of the bar of Arizona, pro hac vice, by special leave of Court, with whom Nancy C. Shea, Washington, D.C., and H. Barry Holt, Phoenix, Ariz., were on the brief, for appellants in No. 88-5291.

Kathleen C. Zimmerman, Washington, D.C., for appellee in No. 88-5291.

Eric Twelker, Denver, Colo., also entered an appearance for appellees, in No. 88-5397.

Bruce J. Ennis, David W. Ogden and David A. Handzo, Washington, D.C., were on the brief of amicus curiae The Wilderness Soc. urging reversal, in No. 88-5397.

Before EDWARDS and RUTH BADER GINSBURG, Circuit Judges, and KAUFMAN, Senior Judge.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In July 1985, appellant National Wildlife Federation ("NWF" or "Federation"), a nonprofit natural resources conservation and education association with over 4.5 million members, brought suit to challenge a Department of Interior ("Interior" or "Department") decision to reclassify the status of approximately 180 million acres of public land. The present appeals involve...

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