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STATE v. BROWN

No. A92-364 CIV.

850 F.Supp. 821 (1994)

STATE of Alaska, Plaintiff, v. Ronald H. BROWN, Secretary of Commerce, and Bruce Babbitt, Secretary of the Interior, Defendants, and Coalition to Keep Alaska Oil, Northville Industries Corp., Intervenor-Defendants.

United States District Court, D. Alaska.

March 1, 1994.

Attorney(s) appearing for the Case

Ronald G. Birch, J. Geoffrey Bentley, Birch, Horton, Bittner & Cherot, Washington, DC, Stephen Hutchings, Birch, Horton, Bittner & Cherot, Anchorage, AK, for plaintiff State of Alaska.

B.C. Barmann, Bakersfield, CA, for amicus curiae County of Kern.

David M. Glass, Dept. of Justice, Civil Div., Washington, DC, Bruce M. Landon, Dept. of Justice, Environment & Natural Resources Div., Anchorage, AK, for Federal defendants Ronald H. Brown and Manuel Lujan, Jr.

Allan A. Tuttle, Patton, Boggs & Blow, Washington, DC, G. Kent Edwards, Hartig, Rhodes, Norman, Mahoney & Edwards, Anchorage, AK, for intervenor-defendant Coalition to Keep Alaska Oil.

Martin London, David Kornblau, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Saul R. Friedman, Sara E. Heideman, Hedland, Fleischer, Friedman, Brennan & Cooke, Anchorage, AK, for intervenor-defendant Northville Industries, Corp.

ORDER FROM CHAMBERS

SEDWICK, District Judge.

I. BACKGROUND

After oil was discovered near Prudhoe Bay on Alaska's northern coast in 1968, a right-of-way for construction of a pipeline across federal land lying between the oil field and the ice-free port of Valdez in southcentral Alaska was sought. At the time, oil pipeline rights-of-way issued by the Secretary of the Interior were limited to a width of 50 feet (plus the pipe diameter) by...

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