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ALL INDIAN PUEBLO COUNCIL v. U.S.

No. 90-2225.

975 F.2d 1437 (1992)

ALL INDIAN PUEBLO COUNCIL; San Ildefonso Pueblo; Santa Clara Pueblo; San Juan Pueblo; Jemez Pueblo; Save the Jemez; Sierra Club, Plaintiffs-Appellants, v. The UNITED STATES of America; Donald Hodel, Secretary of the United States Department of the Interior; Ross Swimmer, Assistant Secretary of the United States Department of Agriculture; Sidney L. Mills, Area Director for Albuquerque of the Bureau of Indian Affairs; Robert Buford, Director of the United States Bureau of Land Management; Richard Lyng, Secretary of the United States Department of Agriculture; Dale Robertson, Chief of the United States Forest Service; John Harrington, Secretary of the United States Department of Energy; Public Service Company of New Mexico; and Los Alamos County, New Mexico, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 17, 1992.

Attorney(s) appearing for the Case

Alletta d'A. Belin, Shute, Mihaly & Weinberger, Santa Fe, N.M. (Grove T. Burnett, Glorieta, N.M., with her on the brief), for plaintiffs-appellants.

Katherine W. Hazard, Atty., Dept. of Justice, Washington, D.C. (Richard B. Stewart, Asst. Atty. Gen., and Robert L. Klarquist, Atty., with her on the brief), for defendants-appellees.

Henry F. Narvaez, of Keleher & McLeod, P.A., Albuquerque, N.M. (Margaret E. Davidson and Susan G. Lowrey of Keleher & McLeod, P.A., Albuquerque, N.M., and James W. Moorman and David F. Williams, Cadwalader, Wickersham & Taft, Washington, D.C., with him on the brief), for appellee Public Service Co. of N.M.

Daniel A. Najjar and Randy Bartell, Sutin, Thayer & Browne, P.C., Santa Fe, N.M., and Oliver Miles, County Atty., Los Alamos, N.M., for appellee Los Alamos County, N.M.

Before SEYMOUR and HOLLOWAY, Circuit Judges, and ROGERS, United States District Judge.

HOLLOWAY, Circuit Judge.

Indian Pueblos and two environmental organizations challenge on procedural grounds and for alleged legal insufficiency an environmental impact statement (EIS) that the Bureau of Indian Affairs (BIA) prepared for the Ojo Line Extension Project, a proposed major electrical transmission line and associated substations to be built by the Public Service Company of New Mexico (PNM) and Los Alamos County, New Mexico. The plaintiff organizations present...

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