IDAHO DEPARTMENT OF FISH & GAME, Plaintiff-Appellee,
State of Oregon, Intervenor-Appellee,
Northwest Resource Information Center, Inc., Intervenor-Appellee,
v.
NATIONAL MARINE FISHERIES SERVICE, Defendant-Cross-Defendant-Appellee,
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.), Defendant-Intervenor-Appellant,
v.
Randall W. HARDY, in his official capacity as Administrator of the Bonneville Power Administration, Third-Party-Defendant-Appellee.
IDAHO DEPARTMENT OF FISH & GAME, Plaintiff-Appellee, and
State of Oregon, Intervenor-Appellee,
v.
NATIONAL MARINE FISHERIES SERVICE, Defendant-Cross-Defendant-Appellee,
v.
PACIFIC NORTHWEST GENERATING COOPERATIVE, Defendant-Intervenor-Appellant,
v.
Randall W. HARDY, in his official capacity as Administrator of the Bonneville Power Administration, Third-Party-Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 6, 1995.
Decided June 1, 1995.
Attorney(s) appearing for the Case
James L. Buchal, Ball, Janik & Novack, R. Daniel Lindahl, Bullivant, Houser, Bailey, Pendergrass & Hoffman, P.C., Portland, OR, for defendants-appellants.
J. Carol Williams, Dept. of Justice, Environment and Natural Resources Division, Washington, DC, for plaintiffs-appellees.
Larry Echohawk, Atty. Gen., Clive J. Strong, William S. Whelan, argued, Matthew J. McKeown, Deputy Attys. Gen., Boise, ID, for plaintiff-appellee Idaho Dept. of Fish and Game.
Theodore R. Kulongoski, Atty. Gen. of Oregon, Virginia L. Linder, Sol. Gen., Stephanie L. Striffler, Asst. Atty. Gen., Salem, OR, for plaintiff-intervenor-appellee.
Before: HALL, O'SCANNLAIN, and RYMER, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
O'SCANNLAIN, Circuit Judge:
In this second of three related cases,1 we must decide whether the National Marine Fisheries Service complied with its duties under the Endangered Species Act, specifically with respect to its approval of the 1993 Operations Plan for the hydropower system on the Columbia and Snake Rivers.
I
The U.S. Army Corps of Engineers (the "Corps"), the U.S. Bureau of Reclamation ("BuRec"), and the Bonneville...
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