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BIOLOGICAL DIVERSITY v. U.S. DEPT. OF INTERIOR

No. 07-16423.

581 F.3d 1063 (2009)

CENTER FOR BIOLOGICAL DIVERSITY; Western Land Exchange Project; Sierra Club, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF the INTERIOR; Bureau of Land Management, Defendants-Appellees, Asarco LLC, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2009.

Attorney(s) appearing for the Case

Roger Flynn, Jeffrey C. Parsons, Western Mining Action Project, Lyons, CO, for the appellants.

Edward S. Geldermann, Mark R. Haag, U.S. Department of Justice, Washington, D.C., Cynthia M. Parsons, Office of the U.S. Attorney, Phoenix, AZ, Norman Daniel James, Fennemore Craig PC, Phoenix, AZ, for the appellees.

Before: D.W. NELSON, W. FLETCHER and RICHARD C. TALLMAN, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

The Center for Biological Diversity, the Western Land Exchange Project, and the Sierra Club (collectively, "Appellants") bring suit against Asarco LLC ("Asarco"), a mining company, and the Department of Interior and the Bureau of Land Management (collectively, "BLM"). Appellants contend that the BLM's approval of a land exchange violates the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321-70; the Federal...

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