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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. BURFORD

Civ. A. No. 82-2763.

716 F.Supp. 632 (1988)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Plaintiffs, v. Robert F. BURFORD, et al., Defendants.

United States District Court, District of Columbia.

November 1, 1988.

Attorney(s) appearing for the Case

Eldon V.C. Greenberg and L. Thomas Galloway, Washington, D.C., for Natural Resources Defense Council, Inc., Sierra Club, Environmental Policy Institute, Northern Plains Resource Council, Western Organization of Resource Councils and Powder River Basin Resource Council.

Norman L. Dean Jr., National Wildlife Federation, Washington, D.C., for National Wildlife Federation.

Hope M. Babcock, National Audubon Soc., Washington, D.C., for National Audubon Soc.

Alfred T. Ghiorzi, Rebecca A. Donnellan, Dept. of Justice, Washington, D.C., for Robert F. Burford, Bureau of Land Management, James Watt and U.S. Dept. of Interior.

John A. Macleod, Timothy M. Biddle, Thomas C. Means, Washington, D.C., for National Coal Ass'n, American Mining Congress.

James R. Bird, Warner W. Gardner, I. Michael Greenberger, Washington, D.C., for Peabody Coal Co.

E. Edward Bruce, Eugene D. Gulland, Washington, D.C., for Shell Oil Co.

Gerry Levenberg, Allan W. Anderson, Jr., Washington, D.C., for Texaco, Inc.

Steven P. Quarles, Crowell & Moring, Washington, D.C., for the State of Wyo.

MEMORANDUM

BRYANT, Senior District Judge.

This action is before the court on cross-motions for summary judgment. The plaintiffs, environmental groups and organizations of residents of western states, challenge rules promulgated by defendant Department of the Interior ("Interior") in July 1982 and February 1986. The rules amend a number of regulations promulgated in 1979 to govern the national program for the management, including leasing and mining, of federally...

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