PROTECT OUR COMMUNITIES FOUNDATION v. JEWELL

No. 14-55666, No. 14-55842.

825 F.3d 571 (2016)

PROTECT OUR COMMUNITIES FOUNDATION, Plaintiff, and Backcountry Against Dumps; Donna Tisdale, Plaintiffs-Appellants, v. Sally JEWELL, in her official capacity as Secretary of the United States Department of the Interior; Mike Pool, in his capacity as Acting Director of the United States Bureau of Land Management; Thomas Zale, in his official capacity as El Centro Field Office Manager for the United States Bureau of Land Management; Bureau of Land Management; U.S. Department of the Interior, Defendants-Appellees, Tule Wind, LLC, Intervenor-Defendant-Appellee. Protect Our Communities Foundation, Plaintiff-Appellant, and Backcountry Against Dumps; Donna Tisdale, Plaintiffs, v. Sally Jewell, in her official capacity as Secretary of the United States Department of the Interior; Mike Pool, in his capacity as Acting Director of the United States Bureau of Land Management; Thomas Zale, in his official capacity as El Centro Field Office Manager for the United States Bureau of Land Management; Bureau of Land Management; U.S. Department of the Interior, Defendants-Appellees, Tule Wind, LLC, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2016.


Attorney(s) appearing for the Case

Eric R. Glitzenstein (argued) and William S. Eubanks, II , Meyer Glitzenstein & Crystal LLP, Washington, D.C., for Plaintiff-Appellee Protect Our Communities Foundation.

Stephen C. Volker (argued), Jamey M.B. Volker , Marcus Eichenberg , and Stephanie Clark , Law Offices of Stephan C. Volker, Oakland, California, for Plaintiffs-Appellants/Plaintiffs-Appellees Backcountry Against Dumps and Donna Tisdale.

Allen M. Brabender (argued), John H. Martin , and Stacey Bosshardt , Attorneys; John C. Cruden , Assistant Attorney General; United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C.; for Defendants-Appellees.

Daniel P. Brunton (argued), Latham & Watkins LLP, San Diego, California, for Intervenor-Defendant/Appellee Tule Wind, LLC.

Before: JEROME FARRIS, TIMOTHY M. TYMKOVICH, and MILAN D. SMITH, JR., CIRCUIT JUDGES.


OPINION

Protect Our Communities Foundation (Protect), Backcountry Against Dumps (Backcountry), and Donna Tisdale (collectively, Plaintiffs) appeal the decision of the Bureau of Land Management to grant Defendant-Intervenor Tule Wind, LLC, (Tule) a right-of-way on federal lands in southeast San Diego County. Plaintiffs...

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