MOUNTAIN STATES LEGAL FOUNDATION v. COSTLE

No. 79-2261.

630 F.2d 754 (1980)

MOUNTAIN STATES LEGAL FOUNDATION et al., Petitioners, v. Douglas M. COSTLE et al., Respondents. State of Colorado ex rel. J. D. MacFarlane, Petitioner-Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided August 29, 1980.

Rehearing Denied October 6, 1980.


Attorney(s) appearing for the Case

James G. Watt and Gale A. Norton, Mountain States Legal Foundation, Denver, Colo. (James W. Sanderson of Saunders, Snyder, Ross & Dickson, Denver, Colo., with them on the brief), for petitioners.

Donald W. Stever, Jr., Atty. Gen., Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., and Angus Macbeth, Deputy Asst. Atty. Gen., Washington, D. C., Barbara H. Brandon, Kenneth A. Reich and Jose Allen, Attys., Dept. of Justice, Washington, D. C., with him on the brief), (Michele Biegel Corash, Gen. Counsel, and Bruce Diamond, James N. Cahan and Eric Smith, Attys., Environmental Protection Agency, Washington, D. C., Christine Lipaj Shaver, Atty., Environmental Protection Agency, Denver, Colo., of counsel), for respondents.

Janice L. Burnett, Asst. Atty. Gen., Natural Resources Section, the State of Colorado, Denver, Colo. (J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., and Lawrence A. DeClaire, Asst. Atty. Gen., Natural Resources Section, the State of Colorado, Denver, Colo., with her on the brief), for petitioner-intervenor.

Jackson B. Battle, Robert J. Golten and Robert F. Wiggington, Boulder, Colo., filed an amicus curiae brief for National Wildlife Federation.

Before BARRETT, DOYLE and McKAY, Circuit Judges.


BARRETT, Circuit Judge.

Mountain States Legal Foundation, hereinafter referred to as Mountain States,1 twenty-seven (27) named members of the Senate and House of Representatives of the State of Colorado in their respective official capacities as individually elected legislators of the State of Colorado, and the State of Colorado ex rel. Mountain States, hereinafter jointly referred to as...

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