N.W. RESOURCE INFO. CTR. v. NMFS

Nos. 94-35334, 94-35335, 94-35375, 94-35381 and 94-35382.

56 F.3d 1060 (1995)

NORTHWEST RESOURCE INFORMATION CENTER, INC.; Oregon Natural Resources Council, Inc.; Sierra Club; Confederated Tribes and Bands of the Yakima Indian Nation; American Rivers, Plaintiffs-Appellees. and State of Idaho, Department of Fish & Game, Intervenor-Plaintiff-Appellee, v. NATIONAL MARINE FISHERIES SERVICE; U.S. Army Corps of Engineers, Defendants-Appellants. NORTHWEST RESOURCE INFORMATION CENTER, INC.; Oregon Natural Resources Council, Inc.; Sierra Club; Confederated Tribes and Bands of the Yakima Indian Nation; American Rivers, Plaintiffs-Appellants, and State of Idaho, Department of Fish & Game, Intervenor-Plaintiff-Appellant, v. NATIONAL MARINE FISHERIES SERVICE; U.S. Army Corps of Engineers, Defendants-Appellees. NORTHWEST RESOURCE INFORMATION CENTER, INC.; The Confederated Tribes and Bands of the Yakima Indian Nation; American Rivers; Oregon Natural Resources Council, Inc.; Sierra Club, Plaintiffs-Appellees, v. NATIONAL MARINE FISHERIES SERVICE; U.S. Army Corps of Engineers, Defendants, and Public Power Council, Defendant-Intervenor-Appellant, v. STATE OF IDAHO, DEPARTMENT OF FISH & GAME, Plaintiff-Intervenor-Appellee. NORTHWEST RESOURCE INFORMATION CENTER, INC.; Oregon Natural Resources Council, Inc.; Sierra Club; Confederated Tribes and Bands of the Yakima Indian Nation; American Rivers, Plaintiffs-Appellees, v. NATIONAL MARINE FISHERIES SERVICE; U.S. Army Corps of Engineers, Defendants-Appellants, v. STATE OF IDAHO, DEPARTMENT OF FISH & GAME, Plaintiff-Intervenor-Appellee, and Public Power Council, Defendant-Intervenor-Appellant, and Pacific Northwest Generating Cooperative, Defendant-Intervenor-Appellant. NORTHWEST RESOURCE INFORMATION CENTER, INC.; Oregon Natural Resources Council, Inc.; Sierra Club; Confederated Tribes and Bands of the Yakima Indian Nation; American Rivers, Plaintiffs-Appellees, v. NATIONAL MARINE FISHERIES SERVICE; U.S. Army Corps of Engineers, Defendants-Appellants, v. STATE OF IDAHO, DEPARTMENT OF FISH & GAME, Plaintiff-Intervenor-Appellee, v. PACIFIC NORTHWEST GENERATING COOPERATIVE, Defendant-Intervenor-Appellant, and Direct Service Industrial Customers (Aluminum Co. of America, Atochem North America, Columbia Falls Aluminum Company, Georgia-Pacific Corp., Kaiser Aluminum & Chemical Corp., Intalco Aluminum Corp., et al.), Defendants-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1995.


Attorney(s) appearing for the Case

Peter A. Appel, Dept. of Justice, Washington, DC, for defendants-appellants/cross-appellees.

Daniel J. Rohlf, Portland, OR, for plaintiffs-appellees/ cross-appellants.

Before: HALL, O'SCANNLAIN, and RYMER, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

In this first of three related cases,1 we are called upon to referee another round in the struggle between various federal agencies, environmental groups, fisheries interests, and electric power interests to come up with a viable program to preserve the dwindling stocks of wild salmon in the Columbia River and its tributaries in the Pacific Northwest. In this appeal, we must decide whether two federal agencies...

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