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Show N». •4^ SIERRA CLUB LEGAL DEFENSE .: •••T-f':.i..v::.Z^to^jk u.. bv Ansel Adams in This is the American Earth SAN FRANCISCO JOHN D. HOFFMAN Executive Director JAMES W. MOORMAN LAURENS H. SILVER MICHAEL R. SHERWOOD Staff Attorneys FUND, INC. DENVER H. ANTHONY RUCKEL S. CHANDLER VISHER ALLEN W. STOKES, JR. Staff Attorneys January 22, 1975 Mr. John Hoffman Sierra Club Legal Defense Fund 311 California Street San Francisco, CA 94104 Re: Central Utah Project Litigation Dear John: You will recall that we had determined to seek a writ of certiorari in the Central Utah Project matter based upon our conversations and the response to my letter to you of December 4, 1974. Since that determination, we have had the benefit of the injunction pending appeal in Sierra Club v. Morton in the D.C. Circuit regarding the Northern Plains litigation. A couple of things seem to be reasonable probabilities in that action: (l) the two-judge majority, Bazelon and Wright, will rule in our favor on the merits, particularly the question of project scope of an impact statement, before too many , _ more weeks are out; and (2) appellees will seek a writ of certiorari, probably after a motion for rehearing en banc. I agree with Bruce Terris that this event has an overwhelming impact upon our decision to seek certiorari in the Central Utah Project litigation. I think it important for our client s sake and for the state of NEPA law that the project scope of an impact statement question receive attention from the Supreme Court, since,^U)# fewer NEPA questions strike me as more critical, and (2) the circuits, with the apparent exception of the D.C. Circuit, have recently been deciding the question against us. However, it appears that the opportunity now presents itself for us to argue the question m defense of an opinion and order written by either Wright or Bazelon from the D.C. Circuit, presumably with such pronouncements on facts as required being interpreted in our favor. This seems to me an San Francisco, CA: 311 California Street, Suite 311, 94104; Telephone (41 5) 398-1411 Denver, CO: 530 Majestic BIdg., 209 16th Street, 80202; Telephone (303) 892-6301 |
