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Environmental Defense Fund v. Andrus

Citation: 10 ELR 20252
No. No. 78-1809, 619 F.2d 1368/14 ERC 1181/(10th Cir., 03/03/1980)

The Tenth Circuit Court of Appeals affirms the judgment of the district court upholding the adequacy of an environmental impact statement (EIS) prepared in connection with plans for leasing federal lands for oil shale development. Contrary to appellants' argument that the programmatic EIS prepared in 1973 gives inadequate attention to the site-specific impacts of the lease agreements at issue in this case, the court finds that such impacts were discussed in reasonable detail. The court finds equally lacking in merit appellants' claims that the EIS insufficiently addressed the impacts of granting rights-of-way and the use of in situ mining technology. In sum, the court concludes that defendants undertook the good faith, hard look at environmental factors required by the National Environmental Policy Act and that the district court properly denied the appellants' motion for injunctive relief. A concurrence finds that the administrative record is wholly deficient under the Act but concurs in the result because of the nation's pressing need to develop alternative sources of energy.

Counsel for Appellants
Paula C. Phillips, David Mastbaum, Craig S. Barnes
Environmental Defense Fund, Inc.
1657 Pennsylvania Ave., Denver CO 80202
(303) 831-7559

Counsel for Appellees
Martin Green, Robert L. Klarquist
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2827

Joseph F. Dolan, U.S. Attorney; Jerry B. Tompkins, Ass't U.S. Attorney
Federal Bldg., Denver CO 80202
(303) 837-2065

Thomas H. Truitt, Thomas C. Matthews, William R. Weissman, Carol Kinsbourne
Wald, Harkrader & Ross
1901 N St. NW, Washington DC 20036
(202) 296-2121

Robert H. Harry
Davis, Graham and Stubbs
2600 Colorado Nat'l Bank Bldg., 950 17th St., Denver CO 80202
(303) 892-9400

Joined by Holloway and Doyle, JJ.