TINOQUI-CHALOLA COUNCIL v. U.S. DEPT. OF ENERGY

No. 99-16384.

232 F.3d 1300 (2000)

TINOQUI-CHALOLA COUNCIL OF KITANEMUK AND YOWLUMNE TEJON INDIANS, Plaintiff, and Southwest Center for Biological Diversity; Sierra Club, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF ENERGY, Frederico Pena, in his Official Capacity as the Secretary of the Department of Energy; Patricia Godley, in her Official Capacity as Secretary for Fossil Energy; R. Dobie Langenkamp, in his Official Capacity as Deputy Assistant Secretary for Naval Petroleum and Oil Shale Reserves; Anthony J. Como, in his Official Capacity as Divestiture Administrator for Naval Petroleum Reserve No. 1, Defendants-Appellees, and Occidental of Elk Hills, Inc., Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 20, 2000.


Attorney(s) appearing for the Case

Daniel J. Rohlf, Portland, Oregon, for the plaintiffs-appellants.

Greer S. Goldman and Ethan G. Shenkman, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C., for the defendants-appellees.

Robert K. Break, Latham & Watkins, Costa Mesa, California, for the defendant-intervenor-appellee.

Before: D.W. NELSON, THOMPSON, and TROTT, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge:

The Southwest Center for Biological Diversity and the Sierra Club (collectively "Southwest") challenge the legality of the Department of Energy's ("DOE") sale of Elk Hills to Occidental Petroleum ("Occidental"). Southwest contends the DOE violated section 7 of the Endangered Species Act ("ESA"), 16 U.S.C. § 1531 et seq., by refusing to engage in consultation with the Fish &...

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