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NATURAL RESOURCES DEFENSE COUNCIL v. ABRAHAM

No. 03-35711.

388 F.3d 701 (2004)

NATURAL RESOURCES DEFENSE COUNCIL; Snake River Alliance; Confederated Tribes & Bands of the Yakama Indian Nation; Shoshone Bannock Tribes, Plaintiffs-Appellees, v. Spencer ABRAHAM, Secretary, Department of Energy; United States of America, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2004.

Attorney(s) appearing for the Case

Ronald M. Spritzer, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for the defendants-appellants.

Geoffrey H. Fettus, Natural Resources Defense Council, Washington, DC; Raymond C. Givens, Givens Law Firm, Coeur d'Alene, ID; Dan Israel, Shoshone-Bannock Tribes, Boulder, CO, for the plaintiffs-appellees.

David K. Mears, Senior Assistant Attorney General, Olympia, WA, for amici curiae State of Idaho, State of Oregon, State of New Mexico, State of New York, State of South Carolina, State of Washington, and the New York State Energy Research and Development Authority.

Before: KOZINSKI, FERNANDEZ, and CLIFTON, Circuit Judges.

FERNANDEZ, Circuit Judge:

The United States Department of Energy (DOE) appeals the district court's grant of summary judgment to the Natural Resources Defense Council, Confederated Tribes and Bands of the Yakama Nation, Snake River Alliance, and Shoshone-Bannock Tribes (collectively NRDC) in their action to obtain a declaration that DOE Order 435.1 is at least partially invalid. As we noted when the dispute was first before...

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