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Southeast Alaska Conservation Council, Inc. v. Watson

ELR Citation: 13 ELR 20199
Nos. No. J81-12 Civil, 18 ERC 1031/(D. Alaska, 09/07/1982) Injunction clarified

The court clarifies its April 1, 1982, injunction, 12 ELR 20658, requiring the Forest Service to prepare an environmental impact statement (EIS) concerning amendments to the plan for mining within the Misty Fjords National Monument in Alaska, and rejects intervenor-defendants U.S. Borax's motion to declare the injunction expired. A July 1982 final EIS for road building and bulk sampling is not sufficient to comply with its previous order, and in fact, the record shows that the Forest Service is preparing the required EIS. However, the court grants U.S. Borax's motion to clarify that the injunction does not bar quarry operations for the purpose of obtaining fill for an access road.

Counsel for Plaintiff
Durwood J. Zaelke
Sierra Club Legal Defense Fund, Inc.
419 6th St., Suite 321, Juneau AK 99801
(907) 586-2751

Counsel for Defendants
Michael Spaan, U.S. Attorney
Box 9, Rm. C-252, 701 C St., Anchorage AK 99513
(907) 271-5071

Counsel for Intervenor-Defendants
Michael T. Thomas
Robertson, Monagle, Eastaugh & Bradley
P.O. Box 679, Anchorage AK 99510
(907) 277-6693