LAUB v. U.S. DEPT. OF THE INTERIOR

No. 02-15104.

342 F.3d 1080 (2003)

Don Laub; Debbie Jacobsen; Ted Sheely; California Farm Bureau Federation, Plaintiffs-Appellants, v. UNITED STATES Department of the Interior; Gale A. Norton, Secretary, Department of the Interior; UNITED STATES Environmental Protection Agency; Marianne Horinko, in her official capacity as Acting Administrator of the U.S. Epa; Department of the Army, (Civil Works); Joseph W. Westphal, Dr., in his official capacity as Assistant Secretary of the Army (Civil Works); Donald Evans, in his official capacity as Secretary, U.S. Department of Commerce; UNITED STATES Department of Commerce; U.S. Department of Agriculture; Ann M. Veneman, In her official capacity as Secretary, U.S. Department of Agriculture; U.S. Army Corps of Engineers; Peter T. Madsen, Brigadier General, in his official capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers; Natural Resources Conservation Service; Charles Bell, in his capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service; National Marine Fisheries Service; Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service; U.S. Fish & Wildlife Service; Stephen Thompson, in his official capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service; UNITED STATES Bureau of Reclamation; Kirk C. Rodgers, in his official capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation; Gray Davis, Governor of the State of California; California Resources Agency; Mary D. Nichols, in her official capacity as Secretary of the California Resources Agency; California Environmental Protection Agency; Winston Hickox, in his official capacity as Secretary of the California Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2003.


Attorney(s) appearing for the Case

Nancy N. McDonald, Brenda Jahns Southwick, Rebecca Dell Sheehan, Sacramento, California, for appellants Laub, Jacobsen, Sheely and the California Farm Bureau Federation.

Christopher H. Buckley, Jr., Rachel A. Clark, Gibson, Dunn & Crutcher LLP, Washington, D.C., for appellant California Farm Bureau Federation.

Thomas L. Sansonetti, Maria Iizuka, David C. Shilton, Silva Quast, United States Department of Justice, Washington, D.C., for the Federal appellees.

Bill Lockyear, Richard M. Frank, Matthew Rodriquez, Gordon Burns, Office of the Attorney General of California, Sacramento, California, for the State appellees.

Before: John T. Noonan, Sidney R. Thomas and Richard R. Clifton, Circuit Judges.


Argued and Submitted February 11, 2003 — San Francisco, California.

OPINION

THOMAS, Circuit Judge.

This appeal presents the question of whether an action under the National Environmental Protection Act (NEPA), 42 U.S.C. § 4321 et seq., against various federal and state government defendants1 challenging a proposed plan for managing the California Bay-Delta water resources is ripe for judicial review...

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