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BLACK HILLS ALLIANCE, ETC. v. REGIONAL FORESTER

Civ. No. 80-5063.

526 F.Supp. 257 (1981)

BLACK HILLS ALLIANCE, P. O. BOX 2508, RAPID CITY, SOUTH DAKOTA 57709; (605) 342-5127; Roy K. Sayle, P. O. Box 475, Edgemont, South Dakota 57735, (605) 662-7713; Richard G. Whitten, 335 N. Plum St., Vermillion, South Dakota 57069, (605) 624-5305; Dr. Dilwyn J. Rogers, 2020 S. Lake, Sioux Falls, South Dakota 57105, (605) 336-4716, Plaintiffs v. REGIONAL FORESTER, Rocky Mountain Region, United States Forest Service; Forest Supervisor, Black Hills National Forest, United States Forest Service; District Ranger, Elk Mountain District, United States Forest Service, Defendants, and Union Carbide Corporation, Intervenor.

United States District Court, D. South Dakota, W. D.

November 19, 1981.

Attorney(s) appearing for the Case

Phyllis Girouard and Andrew B. Reid, Piedmont, S. D., for plaintiffs.

Ted McBride, Asst. U. S. Atty., Rapid City, S. D., for defendant.

Thomas J. Welk, Boyce, Murphy, McDowell & Greenfield, Sioux Falls, S. D., and Robert G. Pruitt, Pruitt & Gushee, Salt Lake City, Utah, for intervenor.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

Plaintiffs in this case, which was dismissed on the ground of mootness, have raised the question of whether they were entitled to costs. The Court, having found that plaintiffs are so entitled, taxes costs in favor of plaintiffs against defendant-intervenor, Union Carbide Corporation, but not against the government.

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