No. CIV.A. 01-0398(JR).

240 F.Supp.2d 45 (2003)

TOMAC, Plaintiff, v. Gale A. NORTON, Secretary, U.S. Department of the Interior, et al., Defendants.

United States District Court, District of Columbia.

January 21, 2003.

Attorney(s) appearing for the Case

Rebecca A. Womdeldorf, Joe G. Hollingsworth, Stephen A. Klein, Spriggs & Hollingsworth, Washington, DC, William C. Fulkerson, Daniel K. DeWitt, Robert J. Jonker, Daniel P. Ettinger, Warner Norcross & Judd LLP, Grand Rapids, MI, for Plaintiff.

Frances M. Zizila, Indian Resources, Section/ENRD, U.S. Department of Justice, Washington, DC, for Defendants.

Reid Peyton Chambers, Sonosky, Chambers, Sachse, Endreson & Perry, Washington, DC, David Michael Peterson, Butzbaugh & Dewane, P.L.C., St. Joseph, MI, Harold George Schuitmaker, Schuitmaker, Cooper & Schuitmaker, Paw Paw, MI, for Amici Curiae New Buffalo Township, Michigan and City of New Buffalo, Michigan.


ROBERTSON, District Judge.

This memorandum sets forth the reasons for the accompanying order denying the government's motion for summary judgment as to the NEPA claim of TO-MAC that was not dismissed by this Court's order of March 29, 2002, and remanding this case for further consideration.

The facts of the case and its procedural history were set forth in a memorandum that accompanied the March 29 order and will not be...

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