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SIERRA CLUB v. DAVIES

Nos. 90-2639, 90-2696.

955 F.2d 1188 (1992)

SIERRA CLUB; Arkansas Wildlife Federation, Inc.; and Friends of Crater of Diamonds, State Park, Inc., Appellees, v. Richard DAVIES, Acting Director of Arkansas Parks and Tourism; Arkansas Parks Recreation & Travel Commission; John Cook, Director, National Park Service, S.W. Region; Manual Lujan, Secretary, U.S. Department of the Interior. CAPRICORN DIAMONDS, LTD.; and Kennecott Corporation, (Intervenors/Third Party) Appellants, v. SIERRA CLUB; Arkansas Wildlife Federation, Inc.; Friends of Crater of Diamonds, State Park, Inc., Appellees. SIERRA CLUB; Arkansas Wildlife Federation, Inc.; and Friends of Crater of Diamonds State Park, Inc., Appellees, v. Richard DAVIES, Acting Director of Arkansas Parks and Tourism; Arkansas Parks Recreation & Travel Commission, John Cook, Director, National Park Service, S.W. Region; Department of Interior, Manual Lujan, Secretary, Appellants. CAPRICORN DIAMONDS, LTD.; Kennecott Corporation, Intervenors Below, v. SIERRA CLUB; Arkansas Wildlife Federation, Inc.; Friends of Crater of Diamonds State Park, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 5, 1992.

Attorney(s) appearing for the Case

Byron Freeland, Little Rock, Ark., argued for appellants, Kennecott Corp. and Capricorn Diamonds.

Jacques Gelin, Washington, D.C., argued for appellant, Dept. of Interior.

Walter Wright and Stuart Miller, Little Rock, Ark., on the brief for appellants.

James Stanley, North Little Rock, Ark., argued (Richard Lawrence, on the brief), for appellees.

Before McMILLIAN, WOLLMAN and MAGILL, Circuit Judges.

MAGILL, Circuit Judge.

This appeal concerns whether preliminary testing in a state park aimed at determining the feasibility of commercial diamond mining constitutes a conversion under the federal Land and Water Conservation Fund Act of 1965. The district court concluded that the initial testing was inextricably intertwined with mining and therefore constituted a nonrecreational use under the Act. Since we believe preliminary testing is distinct from the issue of...

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