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SOUTHWEST CENTER FOR BIOLOGICAL DIVER. v. F.E.R.C.

No. CIV 96-0843-PCT-SMM.

967 F.Supp. 1166 (1997)

SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY, a non-profit corporation, Plaintiff, v. FEDERAL ENERGY REGULATORY COMMISSION, U.S. Forest Service, and Fred Trevey, the Coconino National Forest Supervisor, Defendants, and Phelps Dodge Corporation, Intervenor-Defendant.

United States District Court, D. Arizona.

March 28, 1997.

Attorney(s) appearing for the Case

Grove T. Burnett, David T. Gomez, Western Environmental Law Center, Taos, NM, for Plaintiff.

Kelly E. Mofield, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Eric Lee Christensen, Federal Energy Regulatory Com'n, Washington, DC, for Defendants.

Jerry L. Haggard, Gerrie Apker Kurtz, Kevin Michael Moran, Apker, Apker, Haggard & Kurtz, Phoenix, AZ, Cynthia Marie Chandley, Phelps Dodge Corp., Phoenix, AZ, for Intervenor.

MEMORANDUM OF DECISION AND ORDER

McNAMEE, District Judge.

Pending before this Court and considered herein is the Intervenor-defendant's motion to dismiss for lack of standing treated as a motion for summary judgment under Fed. R. Civ. Pro. 56, and the Federal Defendant's motion to dismiss pursuant to Fed. R. Civ. Pro. 12(b)(1), for lack of subject matter jurisdiction, and 12(b)(6), for failure to state a claim...

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