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UPPER SNAKE RIVER v. HODEL

No. 89-35142.

921 F.2d 232 (1990)

UPPER SNAKE RIVER CHAPTER OF TROUT UNLIMITED; Idaho Environmental Council; So. Fork Coalition; Idaho Sportsman Coalition; Marv Hoyt, Plaintiffs-Appellants, v. Donald P. HODEL, in his official capacity as Secretary of the Interior; C. Dale Duvall, in his official capacity as Chief of the Bureau of Reclamation, Defendants-Appellees, Twin Falls Canal Co.; Committee of Nine; Aberdeen Springfield Canal Co., et al., Defendants-Intervenors-Appellees-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1990.

Attorney(s) appearing for the Case

Russell E. Webb, Radin & Webb, Idaho Falls, Idaho, for plaintiffs-appellants.

George W. Van Cleve, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendants-appellees.

Steven K. Tolman, Nelson, Rosholt, Tobertson & Tolma, Twin Falls, Idaho, for defendants-intervenors-appellees-intervenors.

Before KOELSCH, ALARCON and RYMER, Circuit Judges.

KOELSCH, Circuit Judge:

The dispositive question on the appeal is this: Did the District Court err in concluding that the National Environmental Policy Act ("NEPA") did not require the Bureau of Reclamation ("Bureau") to prepare environmental impact statements ("EIS") before periodically adjusting the flow of water from the Palisades Dam?

We are clear that the answer is "No."

Several Idaho Sportsmen organizations and an individual plaintiff commenced...

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