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WILD FISH CONSERVANCY v. SALAZAR

No. 09-35531.

628 F.3d 513 (2010)

WILD FISH CONSERVANCY, Plaintiff-Appellant, v. Kenneth L. SALAZAR, in his official capacity as Secretary of the Interior; United States Fish and Wildlife Service; Rowan W. Gould, in his official capacity as Acting Director of the United States Fish & Wildlife Service; Julie Collins, in her official capacity as Complex Manager for the Leavenworth National Fish Hatchery Complex, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2010.

Attorney(s) appearing for the Case

Brian A. Knutsen , Richard A. Smith , and Bridget Baker-White , Smith & Lowney, PLLC, Seattle, WA, for the plaintiff-appellant.

John C. Cruden , Acting Assistant Attorney General, Thekla Hansen-Young , Ellen Durkee , J. Brett Grosko , and David C. Shilton , Attorneys, Environment & Natural Resources Division, Department of Justice, Washington, DC, Nolan Shishido , of Counsel, Office of Regional Solicitor, Department of the Interior, for the defendants-appellees.

Opinion by Judge BERZON; Partial Concurrence and Partial Dissent by Judge FISHER.

OPINION

BERZON, Circuit Judge:

We are faced once again with the far-reaching effects of federal hydroelectric projects in the Columbia River Basin on the region's native fish species. See, e.g., Nat'l Wildlife Fed'n v. Nat'l Marine Fisheries Serv., 524 F.3d 917 (9th Cir.2008); Nw. Res. Info. Ctr., Inc. v. Nw. Power Planning Council, 35 F.3d 1371 (9th Cir. 1994). The...

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