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ENVIRONMENTAL DEFENSE FUND, INC. v. MORTON

Civ. No. 1220.

420 F.Supp. 1037 (1976)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Plaintiffs, Department of Natural Resources and Conservation, State of Montana, Plaintiff in Intervention, v. Rogers C. B. MORTON, Secretary of the United States Department of the Interior, et al., Defendants, American Metal Climax, Inc., et al., Defendants in Intervention, Kerr McGee Corporation, Defendant in Intervention.

United States District Court, D. Montana, Billings Division.

July 22, 1976.

Attorney(s) appearing for the Case

George W. Pring, Laurence Edelman, Denver, Colo., James F. Goetz, Bozeman, Mont., for EDF.

John D. Leshy, Palo Alto, Cal., for NRDC.

Theodore J. Doney, Allen B. Chronister, Dept. of Natural Resources and Conservation, State of Montana, Helena, Mont., for plaintiff in intervention.

Keith L. Burrowes (then U. S. Atty.), Asst. U. S. Atty., Billings, Mont., for defendants.

Edward W. Clyde, Clyde, Mecham & Pratt, Salt Lake City, Utah, Cale Crowley, Crowley, Haughey, Hanson, Gallagher & Toole, Billings, Mont., for defendants in intervention.

Peter J. Nickles, Robert E. Lighthizer, Covington & Burling, Washington, D. C., Bruce L. Ennis, Moulton, Bellingham, Longo & Mather, Billings, Mont., for defendant in intervention.

OPINION

BATTIN, District Judge.

This is a suit for injunctive and declaratory relief to restrain defendants from undertaking any activities in connection with the contracting, sale, or disposition of water for industrial purposes from the Yellowtail and Boysen Reservoirs located in Montana and Wyoming.

The amended complaint presents eight claims for relief.

FIRST CLAIM FOR RELIEF

Plaintiffs argue that the United States Congress...

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