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COLUMBIA RIVER GORGE UNITED v. YEUTTER

No. 90-35588.

960 F.2d 110 (1992)

COLUMBIA RIVER GORGE UNITED-PROTECTING PEOPLE AND PROPERTY, Plaintiff-Appellant, v. Clayton K. YEUTTER, Secretary of Agriculture of the United States; COLUMBIA RIVER GORGE COMMISSION, Defendants-Appellees, FRIENDS OF THE COLUMBIA GORGE, INCORPORATED, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 30, 1992.

Attorney(s) appearing for the Case

James S. Burling, Pacific Legal Foundation, Sacramento, Cal., for plaintiff-appellant.

Robert Klarquist, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee Yeutter.

Dave Frohnmayer, Atty. Gen., Michael Reynolds, Asst. Sol. Gen., State of Or., Salem, Or., James Johnson, Sr. Asst. Atty. Gen., Lawrence Watters, Asst. Atty. Gen., State of Wash., for defendants-appellees Columbia Gorge.

Victor M. Sher, Sierra Club Legal Defense Fund, Inc., Seattle, Wash., for defendant-intervenor-appellee.

Before GOODWIN, SCHROEDER and NOONAN, Circuit Judges.

SCHROEDER, Circuit Judge:

This is an action challenging the constitutionality of the Columbia River Gorge National Scenic Area Act, 16 U.S.C. §§ 544-544p which was enacted in 1986. Its purposes were to protect the economy and enhance the scenic, cultural, recreational and natural resources of the Columbia River Gorge. The Gorge occupies a uniquely beautiful and rich area in Oregon and Washington bordering the Columbia River. The Act contemplated interim...

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