ALUMINUM COMPANY OF AMERICA; Columbia Aluminum Corporation; Elf Atochem North America, Inc.; Columbia Falls Aluminum Company; Intalco Aluminum Corporation; Kaiser Aluminum & Chemical Corporation; Northwest Aluminum Company; Reynolds Metals Company; Vanalco Inc., Plaintiffs-Appellants,
v.
NATIONAL MARINE FISHERIES SERVICE; Richard H. Brown; in his official capacity as Secretary of Commerce; U.S. Fish & Wildlife; United States Department of Energy, Through Bonneville Power Administration; Randall W. Hardy, in his official capacity as Administrator of the Bonneville Power Administration, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 5, 1996.
Decided August 9, 1996.
Attorney(s) appearing for the Case
Paul M. Murphy, James L. Buchal, Ball Janik & Novack, Portland, Oregon, for plaintiffs-appellants.
Michael S. Raab, Mark B. Stern, United States Department of Justice, Washington, D.C., Thomas C. Lee, Office of the United States Attorney, for defendant-appellee National Marine Fisheries Service.
Thomas C. Lee, Office of the United States Attorney, for defendant-appellee Richard H. Brown.
Mark B. Stern, United States Department of Justice, Washington, D.C., Thomas C. Lee, Office of the United States Attorney, for defendants-appellees United States Fish & Wildlife Service, United States Department of Energy, through Bonneville Power Administration, and Randall W. Hardy.
Alan G. Lance, Attorney General, Clive J. Strong, Chief, Natural Resources Division, William S. Whelan, Matthew J. McKeown, Deputy Attorneys General, for Amicus Idaho Dept. of Fish and Game.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, Stephanie L. Striffler, Assistant Attorney General, for Amicus State of Oregon.
Before REINHARDT, KOZINSKI, and FERNANDEZ, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Opinion by Judge FERNANDEZ; Dissent by Judge KOZINSKI.
FERNANDEZ, Circuit Judge:
Aluminum Company of America, et al. (DSIs) appeal the district court's grant of summary judgment in favor of the Department of Commerce's National Marine Fisheries Service, et al. (NMFS) in the DSIs' action pursuant to the Federal Advisory Committee Act (FACA), § 3(2), 86 Stat. 770 (1972) (codified as amended at 5 U.S.C. app. 2).1 The DSIs argue...
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