Natural Resources Defense Council v. Hughes
Citation: 8 ELR 20802
No. No. 75-1749, 454 F. Supp. 148/11 ERC 1855/(D.D.C., 06/1978 :00) Revised
On remand from the United States Court of Appeals for the District of Columbia Circuit, the court revises its order of September 27, 1977, 7 ELR 20785, enjoining the federal defendants from implementing the federal coal leasing program because of inadequacies in the programmatic environmental impact statement. Pursuant to the appellate court's directive to consider more fully the question of the Secretary of the Interior's authority to issue preference right leases, the court amends its earlier order to allow the issuance of 20 such leases. The court emphasizes that the amended order does not give to preference right lease applicants a right to have their applications processed, but merely gives the Secretary a discretionary right to process them. In addition, the court declines to consolidate the instant litigation with another matter currently pending before it.
Counsel for Plaintiff
Bruce J. Terris
1526 18th St. NW, Washington DC 20036
Counsel for Defendant
Irwin L. Schroeder
Land and Natural Resources Division
Department of Justice, Washington DC 20530
Counsel for Intervenor-Defendant Utah Power and Light Co.
Leonard, Cohen & Gettings
1747 Pennsylvania Ave. NW, Washington DC 20006