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SOUTH FORK BAND COUNCIL v. U.S. DEPT. OF INTERIOR

No. 09-15230.

588 F.3d 718 (2009)

SOUTH FORK BAND COUNCIL OF WESTERN SHOSHONE OF NEVADA; Te-Moak Tribe of Western Shoshone Indians of Nevada; Timbisha Shoshone Tribe; Western Shoshone Defense Project; Great Basin Resource Watch, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF the INTERIOR; United States Bureau of Land Management; Gerald M. Smith, District Manager, Battle Mountain Field Office, Defendants-Appellees, and Barrick Cortez, Inc., Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2009.

Attorney(s) appearing for the Case

Roger Flynn, Lyons, CO, for the plaintiffs-appellants.

Francis M. Wikstrom, Salt Lake City, UT, for defendant-appellee Barrick Cortez, Inc.

Sambhav N. Sankar, Washington, D.C., for defendant-appellee U.S. Department of Interior.

Before: MARY M. SCHROEDER, A. WALLACE TASHIMA and MARSHA S. BERZON, Circuit Judges.

PER CURIAM.

This is an appeal from the denial of a preliminary injunction in an environmental challenge to a major gold mining project on the side of Mt. Tenabo in Nevada. The mountain has religious significance for Indian tribes.

The plaintiffs-appellants are the South Fork Band Council of Western Shoshone of Nevada, and other tribes and organizations ("the Tribes"). The Tribes originally filed this action against the United States Department of the Interior...

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