NATIONAL AUDUBON SOC. v. DEPARTMENT OF WATER

Nos. 85-2046, 85-2105 and 85-2236 to 85-2238.

869 F.2d 1196 (1988)

NATIONAL AUDUBON SOCIETY, et al., Plaintiff/Cross-Defendant/Appellee, v. DEPARTMENT OF WATER, et al., Defendants, and State of California, Defendant/Cross-Complainant/Appellant. NATIONAL AUDUBON SOCIETY; Friends of the Earth; Mono Lake Committee; Los Angeles Audubon Society; David Gaines; Charles K. Simis; Walter T. Hansen; and John E. Boynton, Plaintiffs/Cross-Defendants/Appellants, v. DEPARTMENT OF WATER, et al., Defendants, and State of California, Defendant/Cross-Complainant/Appellee. NATIONAL AUDUBON SOCIETY, et al., a corporation, Plaintiffs/Cross-Defendants/Appellees, v. DEPARTMENT OF WATER & POWER OF The CITY OF LOS ANGELES, Defendant/Cross-Complainant, v. UNITED STATES of America, et al., Cross-Defendants, and State of California, Cross-Defendants/Cross-Complainant/Appellant. NATIONAL AUDUBON SOCIETY, et al., a corporation, Plaintiffs/Cross-Defendants/Appellees, v. DEPARTMENT OF WATER & POWER OF The CITY OF LOS ANGELES, Defendant/Cross-Complainant/Appellant, v. UNITED STATES of America, et al., Cross-Defendants, and State of California, Cross-Defendants/Cross-Complainant. NATIONAL AUDUBON SOCIETY, et al., a corporation, Plaintiffs/Cross-Defendants/Appellants, v. DEPARTMENT OF WATER & POWER OF The CITY OF LOS ANGELES, Defendant/Cross-Complainant/Appellees, v. UNITED STATES of America, et al., Cross-Defendants, and State of California, Cross-Defendant/Cross-Complainant.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1988.

As Amended December 22, 1988 and February 8, 1989.


Attorney(s) appearing for the Case

F. Bruce Dodge, Patrick Flynn, San Francisco, Cal., and Lynne M. Yerkes, Walnut Creek, Cal., for plaintiffs/cross-defendants and appellants/cross-appellees.

Janet K. Goldsmith, Sacramento, Cal., for defendant/cross-complainant and appellee/cross-appellant.

Roderick E. Walston, San Francisco, Cal., for cross-defendants and appellees/cross-appellants.

Before GOODWIN, REINHARDT and BRUNETTI, Circuit Judges.


BRUNETTI, Circuit Judge:

I

FACTS AND PROCEEDINGS BELOW

These consolidated interlocutory appeals and appeals as-of-right arise from a suit filed in 1979 by the National Audubon Society and others ("Audubon") against the Los Angeles Department of Water and Power ("DWP") to restrain DWP's diversion to Los Angeles of four freshwater streams that would otherwise flow into Mono Lake.

Mono Lake is a natural saline lake located wholly within the...

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