BLACK HILLS ALLIANCE, ETC. v. Regional Forester

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

Plaintiffs in this case, which was dismissed on the ground of mootness, have raised the question of whether they were entitled to costs. The Court, having found that plaintiffs are so entitled, taxes costs in favor of plaintiffs against defendant-inter venor, Union Carbide Corporation, but not against the government.

This case stems from the search for uranium conducted by Union.Carbide Corporation, defendant-intervenor in this action, in the Southern Black Hills of South Dakota. On April 12, 1979, Union Carbide submitted to the United States…