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AMERICAN RIVERS v. NATIONAL MARINE FISHERIES

No. 95-35462.

126 F.3d 1118 (1997)

AMERICAN RIVERS; Idaho Rivers United, Inc.; Pacific Coast Federation of Fishermen's Associations, Inc.; Institute for Fisheries Resources; Natural Resources Council of Oregon; Sierra Club; Federation of Fly Fishers; Trout Unlimited, Plaintiffs-Appellants, v. NATIONAL MARINE FISHERIES SERVICE; United States Army Corps of Engineers; Bureau of Reclamation, Defendants-Appellees, and Aluminum Company of America; ELF Autochem North America, Inc.; Columbia Falls Aluminum Company; Kaiser Aluminum & Chemical Corporation; Intalco Aluminum Corporation; Northwest Aluminum Company; Oregon Metallurgical Corporation; Reynolds Metals Company; Vanalco Inc.; Public Power Council, Defendants-Intervenors-Appellees, and Pacific Northwest Generating Cooperative, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1997.

As Amended September 16, 1997.

Attorney(s) appearing for the Case

Adam J. Berger, Sierra Club Legal Defense Fund, Seattle, Washington, for the plaintiffs-appellants.

Peter A. Appell, United States Department of Justice, Washington, D.C., for the federal defendants-appellees.

James L. Buchal, Ball, Janik & Novack, Portland, Oregon, for the intervenors-appellees.

Before: FERGUSON and BRUNETTI, Circuit Judges, and SAMUEL P. KING, District Judge.

FERGUSON, Circuit Judge:

Environmental and commercial fishing organizations1 (collectively "American Rivers"), appeal the district court's denial of their motion for summary judgment and its grant of defendants' cross-motion for summary judgment. The defendants are the National Marine Fisheries Service ("NMFS") and the federal agencies2 that operate the Federal Columbia River Power System ("River Power System...

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