SOUTHWEST CENTER v. U.S. BUREAU OF RECLAMATION

Nos. 97-16768, 97-17110.

143 F.3d 515 (1998)

SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY, a non-profit corporation, Plaintiff-Appellant, Arizona Power Authority; Metropolitan Water District of Southern California; Southern Nevada Water Authority; Salt River Valley Water Users Association; Salt River Project Agricultural Improvement And Power District, Intervenors-Appellees, and State of Arizona; Rita P. Pearson; State of Colorado; State of New Mexico; State of Utah; State of Wyoming; State of Nevada; Defenders of Wildlife, By Special Appearance, v. U.S. BUREAU OF RECLAMATION; Bruce Babbitt, Secretary of the Interior, Defendants-Appellees. SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY, a non-profit corporation, Plaintiff-Appellee, State of Arizona; State of Colorado; State of New Mexico; State of Utah; State of Wyoming; State of Nevada, Appellants By Special Appearance, and Arizona Power Authority; Rita P. Pearson; Metropolitan Water District Of Southern California; Defenders of Wildlife; Southern Nevada Water Authority; Salt River Valley Water Users Association; Salt River Project Agricultural Improvement and Power District, Intervenors, v. U.S. BUREAU OF RECLAMATION; Bruce Babbitt, Secretary of the Interior, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1998.


Attorney(s) appearing for the Case

Travis Stills, Durango, Colorado, Eric R. Glitzenstein, Meyer & Glitzenstein, Washington, DC, for plaintiff-appellant/appellee Southwest Center for Biological Diversity.

James P. Bartlett, Phoenix, Arizona, for intervenor-appellee Arizona Power Authority; Howard B. Golds, Gregory K. Wilkinson, Best Best & Krieger, Riverside, California, for intervenor-appellee Metropolitan Water District of Southern California; David E. Lindgren, Downey, Brand, Seymour & Rohwer, Sacramento, California, for intervenors-appellees Southern Nevada Water Authority and Salt River Project; David C. Shilton, Samuel D. Rauch, III, Department of Justice, Washington, D.C., for defendants-appellees Federal Government.

Carol D. Angel, Assistant Attorney General State of Colorado, Michael Pearce, Arizona Dept. of Water Resources, Phoenix, Arizona, James H. Davenport, Office of the Attorney General, Las Vegas, Nevada, for appellants by special appearance States of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming.

Before: GOODWIN, KOZINSKI, and THOMPSON, Circuit Judges.


GOODWIN, Circuit Judge:

These consolidated appeals arise out of a controversy over an endangered subspecies of songbirds and the management of the waters of the Colorado River impounded behind a multipurpose Dam.

Southwest Center for Biological Diversity ("Southwest") brought suit against Bruce Babbitt, the Secretary of the Interior ("the Secretary"), and the United States Bureau of Reclamation ("Reclamation"), alleging...

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