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WESTLANDS WATER DIST. v. NAT. RES. DEF. COUNCIL

Nos. 94-16092, 94-16108 and 94-16149.

43 F.3d 457 (1994)

WESTLANDS WATER DISTRICT; San Benito County Water District; San Luis Water District; Panoche Water District, et al., Plaintiffs-Appellees, v. NATURAL RESOURCES DEFENSE COUNCIL; United Anglers of California; Save San Francisco Bay Association; California Waterfowl Association; Sierra Club; Bay Institute of San Francisco; Environmental Defense Fund, et al., Intervenors, v. UNITED STATES DEPARTMENT OF INTERIOR; United States Department of Reclamation; United States Fish and Wildlife Service; Bruce Babbitt, in his official capacity as the Secretary of the Interior; United States Department of Commerce; The National Marine Fisheries Service; and Ronald Brown, in his official capacity as Secretary of Commerce, et al., Defendants-Appellants. WESTLANDS WATER DISTRICT; San Benito County Water District; San Luis Water District; Panoche Water District, et al., Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF INTERIOR; United States Department of Reclamation; United States Fish and Wildlife Service, Defendants, and Bruce Babbitt, in his official capacity as the Secretary of the Interior; United States Department of Commerce; The National Marine Fisheries Service; and Ronald Brown, in his official capacity as Secretary of Commerce, et al., Defendants-Appellants, and Natural Resources Defense Council; United Anglers of California; Save San Francisco Bay Association; California Waterfowl Association; Sierra Club; Bay Institute of San Francisco; Environmental Defense Fund, et al., Defendants-Intervenors-Appellants. WESTLANDS WATER DISTRICT; San Benito County Water District, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF INTERIOR; United States Department of Reclamation; United States Fish and Wildlife Service, Defendants, v. GRASSLAND WATER DISTRICT; and Grassland Resource Conservation District, Defendants-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1994.

Attorney(s) appearing for the Case

Andrea Nervi Ward, U.S. Dept. of Justice, Washington, DC, for defendants-appellants.

Thomas W. Birmingham & William T. Chisum, Kronick, Moskovitz, Tiedemann & Girard, Sacramento, CA, for plaintiffs-appellees.

Brian E. Gray, San Francisco, CA, for defendants-intervenors-appellants Nat. Resources Defense Council, et al.

Daniel L. Cardozo, Adams & Broadwell, South San Francisco, CA, for defendants-intervenors-appellants Grassland Water Dist. and Grassland Resource Conservation Dist.

David J. Guy, California Farm Bureau Federation, Sacramento, CA, for amicus curiae.

Before: CHOY, FARRIS, and BRUNETTI, Circuit Judges.

FARRIS, Circuit Judge:

Several water districts seek to enjoin the implementation of sections 3406(b)(2) and (d)(1) of the Central Valley Project Improvement Act. They contend that the Secretary of Interior must first complete an environmental impact statement as required by NEPA. The district court granted the water districts' motion for a preliminary injunction. The Secretary and environmental defendants appeal. We have jurisdiction pursuant to 28 U.S.C. § 1292...

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