CENTER FOR ENVTL. LAW v. US BUREAU OF RECLAMATION

No. 10-35646.

655 F.3d 1000 (2011)

CENTER FOR ENVIRONMENTAL LAW AND POLICY, a Washington nonprofit corporation; Columbia Riverkeeper, a Washington nonprofit corporation, Plaintiffs-Appellants, and Vision for Our Future, Petitioner-Intervenor, v. UNITED STATES BUREAU OF RECLAMATION, an agency of the Department of Interior; Michael L. Connor, in his official capacity as Commissioner of the Bureau of Reclamation, Defendants-Appellees, East Columbia Basin Irrigation District; Washington Department of Ecology, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2011.


Attorney(s) appearing for the Case

Christopher Winter , Crag Law Center, Portland, OR; Lauren Goldberg , Columbia Riverkeeper, Hood River, OR; Sean Malone [argued], Eugene, OR, for the plaintiffs-appellants.

Andrew C. Mergen , Charles R. Shockey , David C. Shilton [argued], U.S. Department of Justice, Washington, DC, for the defendants-appellees.

Thomas J. Young [argued], Assistant Attorney General, Olympia, WA, for intervenor-defendant-appellee Washington Department of Ecology.

Katherine L. Kenison , Richard Lemargie , Lemargie Kenison Wyman and Whitaker, Ephrata, WA, for intervenor-defendant-appellee East Columbia Basin Irrigation District.

Before: MARY M. SCHROEDER, M. MARGARET McKEOWN, and CONSUELO M. CALLAHAN, Circuit Judges.


OPINION

McKEOWN, Circuit Judge:

Lake Roosevelt in eastern Washington state serves a variety of purposes, including irrigation, navigation, flood control, power generation, recreation, and fish management. We consider here a challenge by environmental groups to a proposed incremental drawdown of water from the lake. As always, our review under the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq., is limited to determining whether...

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