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S. WEST CTR. FOR BIOLOGICAL DIVERSITY v. BABBITT

No. 98-15038.

150 F.3d 1152 (1998)

SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY, a non-profit organization; Kieran Suckling; an individual, Plaintiffs-Appellants, City of Phoenix; City of Chandler; City of Scottsdale; City of Mesa; City of Tempe, Intervenors-Appellees, v. Bruce BABBITT, Secretary of the Interior; U.S. Bureau of Reclamation; U.S. Fish and Wildlife, Defendants-Appellees, Salt River Pima-Maricopa Indian Community, Appellee, Salt River Project and Power District, collectively "Salt River Project," Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1998.

Attorney(s) appearing for the Case

Geoff Hickcox, Kenna & Hickcox, Durango, Colorado, for plaintiffs-appellants.

M. Alice Thurston, United States Department of Justice, Washington, DC, for defendants-appellees.

William W. Quinn, Shea & Wilks, Phoenix, Arizona, for intervenors-appellees.

M. James Callahan, Phoenix City Attorney's office, Phoenix, Arizona, for intervenors-appellees.

Cynthia J. Haglin, Chandler City Attorney's office, Chandler, Arizona, for intervenors-appellees.

Stephen J. Burg, Mesa City Attorney's office, Mesa, Arizona, for intervenors-appellees.

Lisa M. McKnight and John B. Weldon, Salmon, Lewis & Weldon, Phoenix, Arizona, for intervenors-appellees.

Before: BROWNING, GOODWIN, and SCHROEDER, Circuit Judges.

PER CURIAM:

Southwest Center for Biological Diversity ("Southwest") appeals the dismissal of its suit against the Secretary of the Interior alleging the government's plan to begin using the newly completed Additional Active Conservation Capacity ("AACC") behind the Roosevelt Dam violates the Endangered Species Act ("ESA") and the National Environmental Policy Act ("NEPA"). Southwest claims the government has not adequately taken into account the fate of the Southwestern...

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