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NATIONAL INDIAN YOUTH COUNCIL v. WATT

No. 80-2097.

664 F.2d 220 (1981)

NATIONAL INDIAN YOUTH COUNCIL, et al., Plaintiffs-Appellants, v. James G. WATT, Secretary of the Interior, et al., Defendants-Appellees, Consolidation Coal Company and El Paso Natural Gas Company, Intervenors-Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 12, 1981.

Attorney(s) appearing for the Case

John J. Kelly, Albuquerque, N. M. (Luebben, Hughes & Kelly, Suedeen G. Kelly, Susan K. Tomita, Albuquerque, N. M., with him on the briefs), for plaintiffs-appellants.

D. Alan Rudlin, Richmond, Va. (Hunton & Williams, John J. Adams, Washington, D. C., Joseph M. Spivey, III, of Hunton & Williams, Richmond, Va., and Owen M. Lopez, Victor R. Ortega of Montgomery & Andrews, Santa Fe, N. M., with him on the brief), for intervenors-defendants-appellees.

Jerry Jackson, Washington, D. C. (Carol E. Dinkins, Asst. Atty. Gen., and Edward J. Shawaker, Atty., Dept. of Justice, Washington, D. C., with him on the brief), for federal defendants-appellees.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This appeal challenges the district court's action sustaining the approval by the Interior Department of a lease and plan for a surface mining, coal operation on the Navajo Reservation in New Mexico. The complaint alleges that the Department violated various federal statutes in granting its approval. The case was here earlier on appeal from the district court's denial of a preliminary injunction. We affirmed and remanded for trial on the...

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