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Navajo Tribe of Indians v. Andrus

ELR Citation: 11 ELR 20668
Nos. No. 78-1704, 644 F.2d 790/15 ERC 2085/(9th Cir., 05/04/1981)

The Ninth Circuit Court of Appeals rules that a suit to enjoin the Secretary of the Interior from implementing a livestock reduction program on reservation lands until an environmental impact statement was filed is moot where Congress subsequently declared that actions taken pursuant to the program are not major federal actions under the National Environmental Policy Act (NEPA). The district court held that NEPA did not apply since it irreconcilably conflicted with the stock reduction program. Relying upon the recent congressional directive, the circuit court declines to rule on the correctness of the lower court's ruling and dismisses the appeal.

Counsel for Appellants
Lawrence A. Ruzow, Belinda K. Barrington
Blassis, Ruzow & Linzer
545 W. Thomas Rd., Phoenix AR 85015
(602) 248-8811

Counsel for Appellees
Thomas H. Pacheco
Land and Natural Resources Division
Department of Justice, Washingtn DC 20530
(202) 633-2767

Counsel for Intervenor-Appellee The Hope Tribe
George J. Romney
Boyden, Kennedy & Romney
1000 Kennecott Bldg., 10 E. South Temple St., Salt Lake City UT 84133
(801) 521-0800

Before TRASK and FLETCHER, Circuit Judges, and BLUMENFELD,* District Judge.