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DINE CITIZENS AGAINST RUINING OUR ENV. v. KLEIN

Civil Action No. 07-cv-01475-JLK.

676 F.Supp.2d 1198 (2009)

DINE CITIZENS AGAINST RUINING OUR ENVIRONMENT, San Juan Citizens Alliance, Plaintiffs, v. Al KLEIN, in his official capacity as Western Regional Director, Office of Surface Mining Reclamation and Enforcement, Denver, Colorado, Office of Surface Mining Reclamation and Enforcement, a federal agency within the U.S. Department of Interior, Defendants, Arizona Public Service Company and BHP Navajo Coal Company, Intervenors.

United States District Court, D. Colorado.

September 30, 2009.

Attorney(s) appearing for the Case

Brad A. Bartlett, Attorney at Law, Travis Earl Stills, Durango, CO, for Plaintiffs.

Terry Fox, U.S. Attorney's Office, Denver, CO, for Defendants.

Brian H. Potts, Douglas B. Clark, Foley & Lardner, LLP, Madison, WI, Paul Bargren, Thomas L. Shriner, Jr., Foley & Lardner, LLP, Milwaukee, WI, Jonathan William Rauchway, Scot W. Anderson, Davis Graham & Stubbs, LLP, Denver, CO, William C. Scott, Walter E. Stern, III, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Intervenors.

ORDER ON MOTIONS TO DISMISS

KANE, Senior District Judge.

This action concerns alleged violations of the National Environmental Protection Act ("NEPA"), 42 U.S.C. § 4321 et seq., and the Administrative Procedures Act ("APA"), 5 U.S.C. § 701 et seq., by the Department of Interior's Office of Surface Mining Reclamation and Enforcement ("OSM") in connection with OSM's permitting of...

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