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PACIFIC COAST FED. OF FISHERMEN'S ASSOCIATIONS v. U.S. BUREAU OF RECLAMATION

No. 03-16718.

426 F.3d 1082 (2005)

PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS; Institute for Fisheries Resources; Northcoast Environmental Center; Klamath Forest Alliance; Oregon Natural Resources Council; The Wilderness Society; Waterwatch of Oregon; Defenders of Wildlife; Headwaters, Plaintiffs-Appellants, and Mike Thompson, Representative, Plaintiff, v. UNITED STATES BUREAU OF RECLAMATION; National Marine Fisheries Service, Defendants-Appellees, Klamath Water Users Association; Tulelake Irrigation District; William Heiney; Amos Hoyt, Defendant-Intervenors-Appellees, v. Yurok Tribe; Hoopa Valley Tribe, Plaintiff-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2005.

Attorney(s) appearing for the Case

Kristen L. Boyles (argued), and Michael Mayer (on the briefs), Earthjustice, Seattle, WA, for the appellants.

John A. Bryson (argued), and David C. Shilton, S. Jay Govindan (on the briefs), Department of Justice, Washington, DC, for the appellees.

Robin Lee Rivett (argued), and Andrew T. Lloyd, Pacific Legal Foundation, Sacramento, CA; Russell C. Brooks, Pacific Legal Foundation, Bellevue, WA (on the briefs), for defendant-intervenor-appellees Klamath Water Users Association et al.

Before: D.W. NELSON, W. FLETCHER, and FISHER, Circuit Judges.

D.W. NELSON, Circuit Judge.

Eight organizations representing environmental and fisheries interests sued the United States Bureau of Reclamation (BOR) and the National Marine Fisheries Service (NMFS) for injunctive and declaratory relief, alleging violations of the federal Endangered Species Act (ESA), 16 U.S.C. §§ 1531-1544. The lawsuit concerned the federal government's efforts to operate an irrigation project in accordance with its responsibilities under...

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