State of Nevada, States of Wisconsin, Mississippi and Utah, Intervenors v. John Herrington, Secretary of the Department of Energy, Department of Ecology of the State of Washington v. John Herrington, Secretary of the Department of Energy

827 F.2d 1394 26 ERC 1545 , 17 Envtl. L. Rep. 21 ,188 STATE OF NEVADA, et al., Petitioners, States of Wisconsin, Mississippi and Utah, Intervenors, v. John HERRINGTON, Secretary of the Department of Energy, Respondent. DEPARTMENT OF ECOLOGY OF the STATE OF WASHINGTON, et al., Petitioners, v. John HERRINGTON, Secretary of the Department of Energy, Respondent. Nos. 86-7311, 86-7456. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 12, 1987. Decided Sept. 17, 1987. Michael M. Later, Salt Lake City, Utah, for intervenor State of Utah. Sidney J. Martin, Jackson, Miss., for intervenor State of Miss. Martin W. Matzen, Washington, D.C., for respondent. 1 Malachy R. Murphy, Olympia, Wash., for petitioners State of Nev. 2 Narda Pierce, Olympia, Wash., for intervenor State of Wash. 3 Carl A. Sindferbrand, Madison, Wis., for intervenor State of Wis. 4 On Petition for Review under the Original Jurisdiction of the Court of Appeals. 5 Before SCHROEDER, WIGGINS and THOMPSON, Circuit Judges. SCHROEDER, Circuit Judge: 6 Nevada, Washington, Utah, Mississippi, and Wisconsin petition this court for review of the Secretary of Energy's decision that the states may not use grant…