Environmental Defense Fund, Inc., State of Montana, by and Through the Department of Natural Resources and Conservation, in Intervention v. Cecil D. Andrus, Secretary of Interior, American Metal Climax, Inc., in Intervention, Kerr-Mcgee Corporation, in Intervention. State of Montana, by and Through the Department of Natural Resources and Conservation, in Intervention-Appellant v. Cecil D. Andrus, Secretary of Interior
Opinion
Opinion
596 F.2d 848 13 ERC 1374 , 13 ERC 1415 , 9 Envtl. L. Rep. 20,268 ENVIRONMENTAL DEFENSE FUND, INC., et al., Plaintiffs-Appellants, State of Montana, By and Through the Department of Natural Resources and Conservation, Plaintiff in Intervention, v. Cecil D. ANDRUS, Secretary of Interior, et al., Defendants-Appellees, American Metal Climax, Inc., et al., Defendants in Intervention, Kerr-McGee Corporation, Defendant in Intervention. STATE of Montana, By and Through the DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Plaintiff in Intervention-Appellant, v. Cecil D. ANDRUS, Secretary of Interior, et al., Defendants-Appellees. Nos. 76-3133, 76-3506. United States Court of Appeals, Ninth Circuit. April 18, 1979. As Amended on Denial of Rehearing June 1, 1979. George W. Pring, Denver, Colo., Cale Crowley, Billings, Mont., for plaintiffs-appellants. Edward W. Clyde, Salt Lake City, Utah, Peter R. Taft, Asst. Atty. Gen., Thomas Olson, Richard E. McCann, Billings, Mont., Peter R. Steenland, Jr., Washington, D. C., for defendants-appellees. Appeal from the United States District Court for the District of Montana. Before ELY and KILKENNY, Circuit Judges, and FERGUSON, * District Judge. PER…