NORTHWEST RESOURCE v. NATIONAL MARINE FISHERIES

Nos. 93-35488, 93-35573.

25 F.3d 872 (1994)

NORTHWEST RESOURCE INFORMATION CENTER, INC., et al., Plaintiffs-Appellants, v. NATIONAL MARINE FISHERIES SERVICE, et al., Defendants, and Bonneville Power Administration, Defendant-Appellee. NORTHWEST RESOURCE INFORMATION CENTER, INC.; Trout Unlimited; Oregon Natural Resources Council, Inc.; Idaho Steelhead and Salmon Unlimited; Sierra Club, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE; U.S. Army Corps of Engineers, Defendants, Bonneville Power Administration, Defendant-Appellee, v. PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, WASHINGTON, a municipal corporation; Public Utility District of Douglas County, Washington, a municipal corporation; Public Utility District No. 1 of Chelan County, Washington, a municipal corporation, et al., Defendants-Intervenors, Cross-Claimants, and Public Power Council, Defendant-Intervenor, Cross-Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1994.


Attorney(s) appearing for the Case

Victor M. Sher, Sierra Club Legal Defense Fund, Seattle, WA, for appellants NRIC.

Gregory Miner, Bogle & Gates, Portland, OR, for appellant Public Power Council.

Harvard Spigal, Bonneville Power Administration, Portland, OR, for appellee Bonneville Power Admin.

Before: BROWNING, KOZINSKI, and NOONAN, Circuit Judges.


Opinion by Judge NOONAN.

NOONAN, Circuit Judge:

Northwest Resources Information Center, et al. brought suit against the Bonneville Power Administration, the Army Corps of Engineers, the Bureau of Reclamation, and the National Marine Fisheries Service, claiming violation of the Endangered Species Act (16 U.S.C. § 1531 et seq.) and its implementing regulations (50 C.F.R. Part 402), and the Administrative Procedure Act (5 U.S.C. § 551...

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