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National Wildlife Fed'n v. Burford

ELR Citation: 18 ELR 20857
Nos. Nos. 86-5239, -5240, 844 F.2d 889/(D.C. Cir., 04/29/1988) Petitions for reh'g denied per curiam

The court denies petitions for rehearing of its ruling that §202(d) of the Federal Land Policy and Management Act requires that termination of public land classifications be consistent with resource management plans and that §309(e) requires public participation in decisions to revoke withdrawals. Noting that the preliminary injunction has been in effect for more than two years, the court issues its mandate forthwith and directs the district court to proceed with the litigation.

[The earlier decisions from this litigation appear at 16 ELR 20422, 20427, and 18 ELR 20328.]

Counsel for Appellees
Norman L. Dean
National Wildlife Federation
1412 16th St. NW, Washington DC 20036
(202) 637-3736

Counsel for Appellants
Roger J. Marzulla, Acting Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2000

Constance E. Brooks
Mountain States Legal Foundation
1200 Lincoln St., Suite 600, Denver CO 80203
(303) 861-0244

Before: MIKVA, and WILLIAMS, Circuit Judges; WEIGEL,[*] Senior District Judge, United States District Court for the Northern District of California.