NATIONAL PARKS & CONSERVATION v. LAND MANAGEMENT

Nos. 05-56814, 05-56815, 05-56843, 05-56832, 05-56908.

586 F.3d 735 (2009)

NATIONAL PARKS & CONSERVATION ASSOCIATION, Plaintiff-Appellee, v. BUREAU OF LAND MANAGEMENT; United States Department of Interior, Defendants, and Kaiser Eagle Mountain, Inc.; Mine Reclamation Corporation, Defendants-Appellants. Donna Charpied; Laurence Charpied; Desert Protection Society; Center for Community Action and Environmental Justice, Plaintiffs-Appellees, v. United States Department of Interior, Defendant, Bureau of Land Management; National Park Service; Bruce Babbitt, in his official capacity as Secretary of the Interior; Tom Fry, in his official capacity as Acting Director of the Bureau of Land Management; Al Wright, in his official capacity as Acting California State Director of the Bureau of Land Management; Tim Salt, in his official capacity as Bureau of Land Management California Desert District Manager; Robert Stanton, in his official capacity as Director of the National Park Service, Defendants, and Kaiser Eagle Mountain, Inc.; Mine Reclamation Corporation, Defendants-Appellants. National Parks & Conservation Association, Plaintiff-Appellee, v. United States Department of Interior, Defendant-Appellant, Bureau of Land Management, Defendant-Appellant, and Kaiser Eagle Mountain, Inc.; Mine Reclamation Corporation, Defendants. Donna Charpied; Laurence Charpied; Desert Protection Society; Center for Community Action and Environmental Justice, Plaintiffs-Appellants, v. United States Department of Interior; Kaiser Eagle Mountain Inc.; Mine Reclamation Corporation; Bureau of Land Management; National Park Service; Bruce Babbitt, in his official capacity as Secretary of the Interior; Tom Fry, in his official capacity as Acting Director of the Bureau of Land Management; Al Wright, in his official capacity as Acting California State Director of the Bureau of Land Management; Tim Salt, in his official capacity as Bureau of Land Management California Desert District Manager; Robert Stanton, in his official capacity as Director of the National Park Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 10, 2009.


Attorney(s) appearing for the Case

Leonard J. Feldman, Heller Ehrman LLP, Seattle, WA, for defendant-appellants Kaiser Eagle Mountain, LLC and Mine Reclamation, LLC.

Tamara N. Rountree, United States Department of Justice, Environment and Natural Resources Division, Washington, DC, for federal government defendant-appellants.

Deborah Sivas and Noah Long, Stanford Environmental Law Clinic, Stanford, CA, for plaintiff-appellee National Parks Conservation Association.

Stephan C. Volker, Law Offices of Stephan C. Volker, Oakland, CA, for plaintiffs-appellees Donna and Laurence Charpied.

Opinion by Judge PREGERSON; Dissent by Judge TROTT


PREGERSON, Circuit Judge:

Kaiser Eagle Mountain, Inc. ("Kaiser") seeks to build a landfill on a former Kaiser mining site near Joshua Tree National Park ("Joshua Tree"). As part of its landfill development plan, Kaiser sought to exchange certain private lands for several parcels of land surrounding the mine site and owned by the Bureau of Land Management ("BLM"). Several parties, including the National Parks Conservation Association ("Conservation Association") and...

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