PYRAMID LAKE PAIUTE TRIBE v. U.S. DEPT. OF NAVY

No. 88-1650.

898 F.2d 1410 (1990)

PYRAMID LAKE PAIUTE TRIBE OF INDIANS, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF The NAVY; James Webb, as Secretary of the Navy, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1990.


Attorney(s) appearing for the Case

Robert C. Pelcyger, Fredericks & Pelcyger, Boulder, Colo., for plaintiff-appellant.

Donald A. Carr, Acting Asst. Atty. Gen., Fred R. Disheroon, Robert L. Klarquist, and Elizabeth Ann Peterson, Attys., U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendants-appellees.

Before TANG, CANBY and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must determine whether certain practices of the Department of the Navy in leasing acreage and contiguous water rights to local farmers in Nevada violate federal law. The Pyramid Lake Paiute Tribe of Indians alleges that these practices seriously threaten the continued viability of an endangered species of fish, the cui-ui, in violation of the Endangered Species Act. The Tribe also alleges that the Navy's practices violate the National...

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