ELR Citation: ELR 20122
No(s). 72-2257 (5th Cir. Jan 29, 1973)

The United States Court of Appeals for the Fifth Circuit affirms the dismissal of a suit to enjoin permanently any mineral prospecting or mining in the Bankhead National Forest in part because of alleged violations of the National Environmental Policy Act (NEPA). The court holds that, in view of the voluntary cessation of the disputed conduct and of the lack of reasonable expectation of recurrence, the trial judge correctly concluded that the claim was not justiciable.

Counsel for Plaintiff
Gordon Madison Assistant Attorney General
64 North Union Street
Montgomery, Alabama 36104

Counsel for Defendants
Dennis M. O'Connell
Raymond N. Zagone
Department of Justice
10th and Constitution Avenue, NW
Washington, D.C. 20530