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SIERRA CLUB v. U.S. DEPARTMENT OF ENERGY

No. CIV. 97-B-529(PAC).

255 F.Supp.2d 1177 (2003)

SIERRA CLUB and Center For Native Ecosystems, Plaintiffs, v. UNITED STATES DEPARTMENT OF ENERGY and Spencer Abraham; in his official capacity as Secretary of Energy, Defendants. and Mineral Reserves, Inc., Defendant-Intervenor.

United States District Court, D. Colorado.

November 22, 2002.

Attorney(s) appearing for the Case

Colin Christopher Deihl, Faegre & Benson, Denver, CO, Neil Levine, Earthlaw University of Denver-Forbes House, Denver, CO, for Plaintiffs.

Derek G. Passarelli, John A. Herrick, U.S. Dept. of Energy, Golden, CO, Robert D. Clark, Attorney General's Office, Denver, CO, Stephen D. Taylor, U.S. Attorney's Office, Denver, CO, David Alan Bailey, Schwarz Semenoff McNab & Bailey, P.C., Denver, CO, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

Pursuant to the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-706, Plaintiffs Sierra Club and Center for Native Ecosystems (collectively, Plaintiffs), seek declaratory and injunctive relief against Defendant Department of Energy (DOE) based on their claims that DOE violated: 1) the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (NEPA) by failing to prepare an environmental...

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