CHURCHILL COUNTY v. NORTON

No. 00-15967.

282 F.3d 1055 (2001)

CHURCHILL COUNTY; City of Fallon, Plaintiffs-Appellants, v. Gale A. NORTON, in her official capacity as Secretary of the Interior; William Bettenberg, in his official capacity as Assistant Director, Office of Policy Analysis, Department of the Interior; Jeffrey Zippin, in his official capacity as Team Leader Truckee-Carson Coordination Office, Department of the Interior; Ronald Anglin, in his official capacity as Refuge manager, Stillwater National Wildlife Refuge, Department of the Interior; Marvin Plenert, in his official capacity as Regional Director of the U.S. Fish and Wildlife Service; John Doebel, in his official capacity as Assistant Regional Director of the U.S. Fish and Wildlife Service; and Ann Ball, in her official capacity as Project Manager of Bureau of Reclamation Lahontan Basin Project Office, Defendants-Appellees, and Sierra Pacific Power Company, Defendant-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2001.

Amended March 11, 2002.


Attorney(s) appearing for the Case

Antonio Rossmann (argued), Roger B. Moore, Law Offices of Antonio Rossmann, San Francisco, CA; Michael F. Mackedon, Steven D. King, City of Fallon, NV; Richard G. Campbell, Ryan Campbell, Reno, NV for the plaintiffs-appellants.

Kathryn E. Kovacs (argued), Lois J. Schiffer, Sean H. Donahue, Fred R. Disheroon, Stephen M. McFarlane, Appellate Section, Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC, for the defendants-appellees.

Before SNEED, GRABER, and PAEZ, Circuit Judges.


ORDER

PAEZ, Circuit Judge:

The panel has unanimously voted to deny the petition for rehearing. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R.App. P. 35(b). The petition for rehearing is denied and the petition for rehearing en banc is rejected.

The opinion filed December 19, 2001, is hereby AMENDED as follows:

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