CHURCHILL COUNTY v. BABBITT

Nos. 97-15508, 97-15813.

158 F.3d 491 (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; Jeffery 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.

October 29, 1998.


The opinion filed July 15, 1998 [150 F.3d 1072], is hereby amended.

On page 7499 of the slip opinion [150 F.3d at 1079], the last sentence in paragraph 6 is amended by deleting the words "in the absence of a PEIS examining their combined effects".

The partial paragraph at the top of page 7501 [150 F.3d at 1080] is amended by deleting the words "caused by the FWS's failure to prepare...

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