NATIONAL PARKS v. BUREAU OF LAND MANAGEMENT

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

606 F.3d 1058 (2010)

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.

Amended May 19, 2010.


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, D.C., 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.


ORDER

The opinion filed on November 11, 2009 is amended as follows:

Slip opinion at page 15123 [586 F.3d 735, 747-48], first paragraph, line 7, delete portion of paragraph beginning "Furthermore" and concluding at the end of the paragraph with "Id." Insert footnote at line 7, at the conclusion of the revised paragraph. The footnote shall read:

DOI's current NEPA guidelines take the exact opposite approach...

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