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ANIMAL DEFENSE COUNCIL v. HODEL

No. 86-2453.

840 F.2d 1432 (1988)

ANIMAL DEFENSE COUNCIL; Friends of the Desert; Friends of the Earth; Earth First; Animal Protection Institute of America; Arizona Wildlife Federation; Citizens for Cap Recharge; Paul Hirt, Plaintiffs-Appellants, v. Donald P. HODEL, in his official capacity as Secretary of the Interior of the United States; C. Dale Duvall, in his official capacity as Commissioner of the Bureau of Reclamation; Edward M. Hallenbeck, in his official capacity as Acting Regional Director of the Lower Colorado Region of the Bureau of Reclamation; Larry D. Morton, in his official capacity as Acting Project Manager of the Arizona Projects Office of the Bureau of Reclamation, Defendants-Appellees, Southern Arizona Water Resources Association; Central Arizona Water Conservation District; City of Tucson; Mountain States Legal Foundation, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1988.

Attorney(s) appearing for the Case

Sean Bruner, Jacoby & Meyers, Tucson, Ariz., for plaintiffs-appellants.

Martin W. Matzen, Dept. of Justice, Washington, D.C., for defendants-appellees.

Casey Shpall, Mountain States Legal Foundation, Denver, Colo., for defendant-intervenor-appellee.

Frederick S. Dean and Loretta Humphrey, Office of the City Attorney, Tucson, Ariz., and Marvin S. Cohen, Clifford J. Roth and Andrew L. de Mars, Winston & Strawn, Phoenix, Ariz., for defendant-intervenor-appellee City of Tucson.

Ralph E. Hunsaker and Scott E. Boehm, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for defendant-intervenor-appellee Central Arizona Water Conservation Dist.

Steven Weatherspoon, Chandler, Tullar, Udall & Redhair, Tucson, Ariz., for defendant-intervenor-appellee Southern Arizona Water Resources Ass'n.

Before HUG, NELSON and NOONAN, Circuit Judges.

NELSON, Circuit Judge:

The Animal Defense Council and several other non-profit associations (Council) appeal from the district court's grant of summary judgment in favor of the Bureau of Reclamation of the United States Department of the Interior (Bureau). The Council brought suit under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321, et seq. (1982), challenging the sufficiency of the Final Environmental Impact Statement (EIS) on the Tucson Aqueduct...

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