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Peshlakai v. Duncan

Citation: 10 ELR 20627
No. No. 78-2416, (D.D.C., 02/20/1980) Motion to strike denied

The court denies defendant-intervenors' motion to strike exhibits offered by plaintiffs in support of their motion for partial summary judgment in a suit challenging federal approval of uranium mining and milling activities in the San Juan Basin of New Mexico. The exhibits consist of documents prepared by the Department of the Interior in connection with its issuance of a "negative declaration" pursuant to the National Environmental Policy Act. Noting that the documents were generally a part of the administrative record and that they represent a contemporaneous explanation of the agency decision at issue, the court finds them admissible.

Counsel for Plaintiffs
Steve Harvey
DNA People's Legal Services, Inc.
P.O. Box 306, Window Rock AZ 86515
(602) 871-4151

Daniel S. Press
918 16th St. NW, Washington DC 20006
(202) 466-5550

Counsel for Federal Defendants
Thomas J. Riley, David C. Cannon Jr.
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2845

Counsel for Intervenor-Defendants
Daniel Joseph, Randall L. Sarosdy
Akin, Gump, Hauer & Field
Suite 400, 1333 New Hampshire Ave. NW, Washington DC 20036
(202) 457-7700

Peter J. Nickels, Patrick Norton
Covington & Burling
888 16th St. NW, Washington DC 20006
(202) 452-6000