Legal Opinion

Apache Survival Coalition v. United States

Court of Appeals for the Ninth Circuit

Decided April 8, 1994No. Nos. 92-15635, 92-16288PublishedCited by 85 opinions

1Opinion of the Court

Opinion by Judge D.W. NELSON

D.W. NELSON, Circuit Judge:

This is the fourth time in three years that this court has considered - challenges to the Mount Graham international astrophysieal observatory project.1 In this case, the Apache Survival Coalition (“Coalition”), a nonprofit corporation created under the laws of the State of Arizona in'May 1990, seeks to halt construction of several telescopes on Mount Graham, Arizona, basing its challenge on constitutional and statutory grounds. Concluding that the Coalition’s constitutional arguments are without merit and that its statutory claim is…

2Cases cited54 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  3. United States v. O'BrienSupreme Court of the United States · 1968
  4. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  5. Morton v. MancariSupreme Court of the United States · 1974

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3Cited by85 opinions

  1. Sierra Forest Legacy v. ReyCourt of Appeals for the Ninth Circuit · 2009
  2. United States ex rel. Schumer v. Hughes Aircraft Co.Court of Appeals for the Ninth Circuit · 1995
  3. United States v. MarolfCourt of Appeals for the Ninth Circuit · 1999
  4. Ocean Advocates, a Non-Profit Organization Fuel Safe Washington, a Non-Profit Organization North Cascades Audubon Society, a Non-Profit Organization Dan Crawford, an Individual Re Sources, a Non-Profit Organization v. United States Army Corps of Engineers Ralph H. Graves, Bp West Coast Products, Llc, F/k/a Atlantic Richfield Company, Intervenor-Appellee. Ocean Advocates, a Non-Profit Organization Fuel Safe Washington, a Non-Profit Organization North Cascades Audubon Society, a Non-Profit Organization Dan Crawford, an Individual Re Sources, a Non-Profit Organization v. United States Army Corps of Engineers Ralph H. Graves, Bp West Coast Products, Llc, F/k/a Atlantic Richfield Company, Intervenor-AppellantCourt of Appeals for the Ninth Circuit · 2005
  5. Klamath Siskiyou Wildlands Center v. BoodyCourt of Appeals for the Ninth Circuit · 2006

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