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NATIONAL MIN. ASS'N v. SLATER

Nos. CIV. A. 00-00288 (ESH), CIV. A. 01-00404 (ESH).

167 F.Supp.2d 265 (2001)

NATIONAL MINING ASSOCIATION, Plaintiff, v. Cathryn SLATER, et al., Defendants. Cellular Telecommunications & Internet Association, Plaintiff, v. Cathryn Slater, et al., Defendants.

United States District Court, District of Columbia.

September 18, 2001.

Attorney(s) appearing for the Case

David G. Leitch, Gregory G. Garre, Catherine E. Stetson, Hogan & Hogan, L.L.P., Susan Virginia Cook, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Plaintiff.

Stacy M. Ludwig, Daria Jean Zane, U.S. Attorney's Office, Silas R. DeRoma, U.S. Department of Justice Environmental & Natural Resources Div., Washington, DC, for Defendants.

Martin P. Willard, Perkins, Coie, LLP, Washington, DC, for Movant.

MEMORANDUM OPINION

HUVELLE, District Judge.

This case involves a challenge under the Administrative Procedure Act, 5 U.S.C. § 701, et seq. ("APA"), to the Final Rule promulgated by the Advisory Council on Historic Preservation ("ACHP" or the "Advisory Council") pursuant to section 106 of the National Historic Preservation Act of 1966 ("NHPA" or the "Act"), 16 U.S.C. §§ 470—470w. Defendants have moved to dismiss on grounds...

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