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SIERRA CLUB v. LEHMAN

No. CV-R-85-540-ECR.

648 F.Supp. 252 (1986)

SIERRA CLUB, a California nonprofit corporation; Nevada Outdoor Recreational Association, a Nevada nonprofit corporation, v. John LEHMAN, Secretary of the Navy; and Elizabeth Hanford Dole, as Secretary of Transportation.

United States District Court, D. Nevada.

October 9, 1986.

Attorney(s) appearing for the Case

Richard Schouten, Laurens H. Silver, Sierra Club Legal Defense Fund, Inc., San Francisco, Cal., David A. Hornbeck, Reno, Nev., for plaintiffs.

William A. Maddox, U.S. Atty. by Shirley Smith, Asst. U.S. Atty., Reno, Nev., Gary B. Randall, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendants.

MEMORANDUM DECISION AND ORDER

EDWARD C. REED, Jr., Chief Judge.

This is an action brought by two environmental groups to stop supersonic flights by the Navy over a large area in Nevada. The plaintiffs assert that the Secretary of the Navy exceeded his authority in designating a "Supersonic Operations Area." The defendants, the Secretary of the Navy and the Secretary of Transportation, moved to dismiss.

The motion to dismiss, as well as the opposition...

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