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Sierra Club v. Hickel

Citation: 2 ELR 20586
No. Nos. 71-1940, -1941, 467 F.2d 1048/4 ERC 1610/(6th Cir., 09/22/1972)

Under the doctrine of sovereign immunity, an exchange of lands by the Secretary of Interior is not reviewable by the courts. The Secretary of Interior has full authority to make an exchange under 16 U.S.C. § 668dd, and, even if he errs in fact or in law, the courts have no jurisdiction to interfere. In a suit to compel the defendants Toledo Edison and Cleveland Electric Illuminating Co. to return to the United States the title to the Navarre Marsh on Lake Erie, which defendants had received in exchange for title to Darby Marsh, the order of the District Court granting defendants' motion to dismiss on the grounds of sovereign immunity is affirmed.For other litigation concerning Navarre Marsh, see 2 ELR 20150.

Counsel for Plaintiffs
Jerome Kalur
1425 National city Bank Building
Cleveland, Ohio 44114

John B. Brown
1808 Superior Building
Cleveland, Ohio 44114

Michael Honohan
1100 Citizens' Building
Cleveland, Ohio 44114

Thomas B. McGowan, III
West View Towers
Rocky River, Ohio 44116

Bruce Terris
1908 Sunderland Place, N.W.
Washington, D.C. 20009

Counsel for Defendants
Kent Frizzell Ass't. Attorney General
Dept. of Justice
Washington, D.C. 20530

Fred Coleman Ass't. U.S. Attorney
Federal Building
Cleveland, Ohio 44114

John Lansdale
George Meisel
1800 Union Commerce Building
Cleveland, Ohio 44115

Wilson W. Snyder
Leslie Henry
Edison Plaza
300 Madison Avenue
Toledo, Ohio 43604

Before WEICK, McCREE, Circuit Judges, and FEIKENS,* District Judge.