PUBLIC CITIZEN v. U.S. TRADE REPRESENTATIVE

No. 93-5212.

5 F.3d 549 (1993)

PUBLIC CITIZEN; Friends of the Earth, Inc.; Sierra Club, Appellees, v. UNITED STATES TRADE REPRESENTATIVE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 24, 1993.


Attorney(s) appearing for the Case

Drew S. Days, III, Sol. Gen., argued the cause for appellant. On the briefs were Ira S. Shapiro, Gen. Counsel, U.S. Trade Representative, Peter R. Steenland, Jr., Acting Asst. Atty. Gen., and Bradley M. Campbell and Samuel C. Alexander, Attys., U.S. Dept. of Justice.

Patti A. Goldman argued the cause for appellees. With her on the brief were Alan B. Morrison and Paul R.Q. Wolfson. Paul R.Q. Wolfson also entered an appearance.

Janice A. Kaye filed the brief for Bipartisan Congressional amici curiae Senators Donald W. Riegle, Jr., et al.

Kathleen Rogers, F. Kaid Benfield, S. Jacob Scherr, Robert F. Housman and Paul M. Orbuch filed the brief for amici curiae Natural Resources Defense Council, et al.

Roderick E. Walston, Chief Asst. Atty. Gen., Theodora P. Berger, Asst. Atty. Gen., and Craig C. Thompson, Supervising Deputy Atty. Gen., State of Cal. Dept. of Justice, filed the brief for amici curiae State of Cal., ex rel., et al.

Daniel J. Popeo and Paul D. Kamenar filed the brief amici curiae The Washington Legal Foundation, et al.

Johanna F. Chanin filed the brief for amicus curiae The Border Trade Alliance.

Joel D. Joseph filed the brief for amicus curiae Made in the USA, Inc.

John J. Rademacher, Gen. Counsel, American Farm Bureau Federation, filed the brief for amicus curiae American Farm Bureau Federation.

Renea Hicks, State Sol. of Tex., filed the brief for amici curiae State of Tex., ex rel., et al.

William E. Mooz, Jr., filed the brief for The Amici States.

John J. Kim, Amy F. Robertson, Louis R. Cohen, C. Boyden Gray and Stuart P. Green filed the brief for amici curiae American Auto. Mfrs. Ass'n, et al.

Thomas E. Patton entered an appearance for amicus curiae New York State Bar Ass'n.

Before: MIKVA, Chief Judge, WALD and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Chief Judge MIKVA.

Concurring opinion filed by Circuit Judge RANDOLPH.

MIKVA, Chief Judge:

Appellees Public Citizen, Friends of the Earth, Inc., and the Sierra Club (collectively "Public Citizen") sued the Office of the United States Trade Representative, claiming that an environmental impact statement was required for the North American Free Trade Agreement ("NAFTA"). The district court granted Public Citizen's motion...

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