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SIERRA CLUB v. DAVIES

No. LR-C-90-56.

743 F.Supp. 1334 (1990)

SIERRA CLUB, Arkansas Wildlife Federation, Inc., and Friends of Crater of Diamonds State Park, Inc., Plaintiffs, v. Richard DAVIES, Acting Director, Arkansas Department of Parks and Tourism; Arkansas Parks, Recreation and Travel Commission; John Cook, Director, National Park Service, S.W. Region; and Manual Lujan, Secretary, U.S. Department of the Interior, Defendants. CAPRICORN MINING COMPANY and Kennecot Exploration Company, Intervenors/Third Party Plaintiffs, v. SIERRA CLUB, Arkansas Wildlife Federation, Inc. and Friends of Crater of Diamonds State Park, Inc., Third Party Defendants.

United States District Court, E.D. Arkansas, W.D.

August 6, 1990.

Attorney(s) appearing for the Case

James W. Stanley, Jr., North Little Rock, Ark., John P. Gill, Richard Lawrence, Little Rock, Ark., for plaintiffs.

William C. Adair, Asst. U.S. Atty., Jeffrey A. Bell and Stacy Van Ausdall Grundfest, Little Rock, Ark., for defendants.

Byron Freeland, Walter Wright, Jr. and Stuart P. Miller, Little Rock, Ark., for intervenors/third party plaintiffs.

MEMORANDUM OPINION

SUSAN WEBBER WRIGHT, District Judge.

I. Facts

Plaintiffs instituted this action to enjoin test drilling and other mining activities in the Crater of Diamonds State Park. The park is located in Murfreesboro, Pike County, Arkansas and contains the only site in North America that is open to the public for mining for diamonds in their natural matrix. It is on the National Register of Historic Places and is listed in the Arkansas...

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