TE-MOAK TRIBE OF WESTERN v. U.S. DEPT. OF INTERIOR

No. 07-16336.

608 F.3d 592 (2010)

TE-MOAK TRIBE OF WESTERN SHOSHONE OF NEVADA; Western Shoshone Defense Project; Great Basin Mine Watch, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE INTERIOR; Robert V. Abbey State Director; Gail G. Givens, Assistant Field Manager Battle Mountain Field Office; Clinton R. Oke, Assistant Field Manager; United States Bureau of Land Management, Defendants-Appellees, Cortez Gold Mines, Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 18, 2010.


Attorney(s) appearing for the Case

Roger Flynn, Jeffery C. Parsons, Western Mining Action Project, Lyons, CO, for petitioners Te-Moak Tribe of Western Shoshone of Nevada, Western Shoshone Defense Project, and Great Basin Mine Watch.

Ronald J. Tenpas, Assistant Attorney General, Mark Haag, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, DC, John Steiger, of Counsel, Office of the Regional Solicitor, United States Department of the Interior, Salt Lake City, UT, for respondents United States Department of the Interior; Robert V. Abbey, State Director; Gail G. Givens, Assistant Field Manager, Battle Mountain Field Office; Clinton R. Oke, Assistant Field Manager, Elko Field Office; United States Bureau of Land Management.

Robert Tuchman, Thomas F. Cope, Linnea Brown, Holme Roberts & Owen LLP, Denver, CO, W. Chris Wicker, Woodburn and Wedge, Reno, NV, for respondent-intervenor Cortez Gold Mines.

Before SIDNEY R. THOMAS and RICHARD A. PAEZ, Circuit Judges, and DAVID A. EZRA, District Judge.


OPINION

PAEZ, Circuit Judge:

Te-Moak Tribe of Western Shoshone of Nevada, a federally-recognized Indian tribe ("the Tribe"), the Western Shoshone Defense Project ("WSDP"),1 and Great Basin Mine Watch ("GBMW")2 (collectively, "Plaintiffs") appeal the district court's denial of their motion for summary judgment, and the grant of summary judgment to the Department of the Interior ("DOI"), the Bureau...

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