LOCKHART v. KENOPS

No. 89-5575SD.

927 F.2d 1028 (1991)

James LOCKHART, Gemma Lockhart, Appellant, Sandra Reub, American Indians Against Desecration, v. Darral KENOPS, Forest Supervisor, Black Hills National Forest, United Forest Service; Gary Cargill, Regional Forest Service; F. Dale Robertson, United States Forest Service; John Block, Secretary of Agriculture; Verla Van Etten, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 7, 1991.


Attorney(s) appearing for the Case

Larry Leventhal, Minneapolis, Minn., and Bruce Ellison, Rapid City, S.D., for appellant.

Robert L. Klarquist, Washington, D.C., for appellees.

Before WOLLMAN and MAGILL, Circuit Judges, and HEANEY, Senior Circuit Judge.


MAGILL, Circuit Judge.

Gemma Lockhart appeals from an order of the district court1 granting summary judgment to the government in her action to enjoin the exchange of a parcel of federal land. On appeal, Lockhart argues that the Forest Service's decision to go ahead with the exchange without preparing an environmental impact statement (EIS) was arbitrary and capricious and violated the National Environmental Policy Act (NEPA). Lockhart...

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