CALIFORNIA SAVE OUR STREAMS COUNCIL v. YEUTTER

No. 88-2511.

887 F.2d 908 (1989)

CALIFORNIA SAVE OUR STREAMS COUNCIL, INC., Tehipite Chapter of the Sierra Club, and Chukchansi Yokotch Tribe of Madera County, Inc., Plaintiffs-Appellants, v. Clayton K. YEUTTER, Secretary of Agriculture, F. Dale Robertson, Director of the Forest Service, Department of Agriculture, and Alternate Energy Resources, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 4, 1989.


Attorney(s) appearing for the Case

Glenn M. Kottcamp, Nevada City, Cal., for plaintiffs-appellants.

D. Robert Buechel, Jr., LeBoeuf, Lamb, Leiby & MacRae, San Francisco, Cal., for defendant-appellee Alternate Energy Resources, Inc.

Elizabeth Ann Peterson, Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for defendants-appellees.

Before POOLE, REINHARDT and O'SCANNLAIN, Circuit Judges.


REINHARDT, Circuit Judge:

California Save Our Streams Council, the Tehipite Chapter of the Sierra Club, and the Chukchansi Yokotch Tribe (collectively "SOS") appeal the district court's grant of summary judgment. We hold that the trial court correctly determined that 16 U.S.C. § 825l (b) confers exclusive jurisdiction in the courts of appeals and bars suit in district court.

Background

On March 7, 1984, Dale L.R. Lucas, president of Alternative...

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