NORTHERN PLAINS RESOURCE COUNCIL v. LUJAN

No. 87-4453.

874 F.2d 661 (1989)

NORTHERN PLAINS RESOURCE COUNCIL, McCone Agricultural Protection Organization, and Montana Wildlife Federation, Plaintiffs-Appellants, v. Manuel LUJAN, Jr., Secretary of the Interior, United States Department of the Interior, Meridian Minerals Co., Burlington Northern Inc. and Burlington Northern Railroad Co., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1989.


Attorney(s) appearing for the Case

James A. Patten, Billings, Mont., and David C. Masselli, Arlington, Va., for plaintiffs-appellants.

Myles E. Flint, Fred R. Disheroon, Jacques B. Gelin, and Dirk D. Snel, Dept. of Justice, Washington, D.C., for defendant-appellee Secretary of the Interior.

Guy R. Martin, William A. Gould, Donald C. Baur, Perkins, Coie, Washington D.C. for defendants-appellees Burlington Northern Inc. and Burlington Northern R. Co.

Steven P. Quarles, Thomas R. Lundquist, Crowell & Moring, Washington, D.C., and Stephen H. Foster, Holland & Hart, Billings, Mont., for defendant-appellee Meridian Minerals Co.

Before WRIGHT and ALARCON, Circuit Judges, and TEVRIZIAN, District Judge.


TEVRIZIAN, District Judge:

I. STATEMENT OF FACTS

Appellants Northern Plains Resource Council, McCone Agricultural Protection Organization, and Montana Wildlife Federation (collectively "NPRC") appeal from the decision of the district court granting summary judgment in favor of appellees Meridian Minerals Company, Burlington Northern Inc., and Burlington Northern Railroad Company, et al. ("Companies") and Donald Hodel, Secretary of the Interior ("Interior...

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