CHURCHILL COUNTY v. BABBITT

Nos. 97-15508, 97-15813.

150 F.3d 1072 (1998)

CHURCHILL COUNTY, a political subdivision of the State of Nevada; City of Fallon, a political subdivision of the State of Nevada, Plaintiffs-Appellants, v. Bruce BABBITT, in his official capacity as Secretary of the Interior; William Bettenberg, in his official capacity as Assistant Director, Office of Policy Analysis, Department of Interior; Jefferey Zippin, in his official capacity as Team Leader, Truckee-Carson Coordination Office, Department of Interior; Ronald Anglin, in his official capacity as Refuge Manager; Stillwater National Wildlife Refuge, Department of Interior; Marvin Plenert, in his official capacity as Regional Director of the United States Fish and Wildlife Services; John Doebel, in his official capacity as Assistant Regional Director of the United States Fish and Wildlife Services; Ann Ball, in her official capacity as Project Manager of Bureau of Reclamation Lahontan Basin Project Office, Defendants-Appellees, and Sierra Pacific Power Company, Intervenor. CHURCHILL COUNTY, a political subdivision of the State of Nevada; City of Fallon, a political subdivision of the State of Nevada, Plaintiffs-Appellees, Sierra Pacific Power Company, Intervenor-Appellant, v. Bruce BABBITT, in his official capacity as Secretary of the Interior, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided July 15, 1998.


Attorney(s) appearing for the Case

Antonio Rossmann, Michael F. Mackedon, San Francisco, California, for the plaintiffs/appellants/cross-appellees.

William E. Peterson and Suellen Fulstone, Woodburn & Wedge, Reno, Nevada, for the intervenor-appellant.

Fred R. Disheroon, Assistant United States Attorney, Washington, D.C., for the defendants-appellees.

Before: WIGGINS, KLEINFELD, Circuit Judges, and DWYER, District Judge.


WIGGINS, Circuit Judge:

The battle over water in the West continues in this suit by local Nevada governments challenging the Department of the Interior's implementation of a water rights acquisition program prior to producing a programmatic environmental impact statement on the interaction of the program with other related programs. The first issue in this consolidated appeal is whether the local governments have standing...

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