CONNECTICUT v. U.S. DEPT. OF INTERIOR

Docket No. 99-6042.

228 F.3d 82 (2000)

State of CONNECTICUT, ex rel. Richard BLUMENTHAL, Attorney General; Town of Ledyard, Town of North Stonington, Town of Preston, Plaintiffs-Appellees, v. THE UNITED STATES DEPARTMENT OF THE INTERIOR; Bruce Babbitt, Secretary of the Interior; Kevin Gover, Assistant Secretary of the Interior for Indian Affairs; Franklin Keel, Eastern Area Director, Bureau of Indian Affairs, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 25, 2000.


Attorney(s) appearing for the Case

Benjamin S. Sharp, Guy R. Martin, Donald C. Baur, Perkins Coie LLP, Washington, D.C., for Plaintiffs-Appellees, Towns of Ledyard, North Stonington, and Preston.

Richard Blumenthal, Attorney General for the State of Connecticut; Joseph Rubin, David H. Wrinn, Assistant Attorneys General, Hartford, CT, for Plaintiff-Appellee State of Connecticut.

M. Alice Thurston, Roger Martella, Elizabeth Ann Peterson, United States Department of Justice Environmental & Natural Resources Division, Washington, D.C.; Stephen C. Robinson, United States Attorney; Peter Coppelman, Acting Assistant Attorney General; John B. Hughes, Assistant United States Attorney, New Haven, CT, (David Etheridge, Maria Wiseman, Department of the Interior, Washington, D.C., of counsel) for Defendants-Appellants.

Patrice H. Kunesh, Office of Legal Counsel, Mashantucket Pequot Tribe, Mashantucket, CT, Elizabeth Conway, Brown, Jacobson, Tillinghast, Lahan & King, P.C., Norwich, CT, (Jackson T. King, Jr. on the brief) for amicus curiae Mashantucket Pequot Tribe.

Before: KEARSE, WALKER, and CALABRESI, Circuit Judges.


JOHN M. WALKER, JR. Circuit Judge:

Defendants-appellants, the United States Department of the Interior; Bruce Babbitt, Secretary of the Interior; Kevin Gover, Assistant Secretary of the Interior for Indian Affairs; and Franklin Keel, Eastern Area Director, Bureau of Indian Affairs (collectively, the "defendants" or the "federal defendants") appeal from a December 16, 1998 judgment of the United States District Court for the District of Connecticut (Robert N. Chatigny...

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