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SIERRA CLUB, INC. v. U.S. FISH & WILDLIFE SERVICE

No. 17-16560.

911 F.3d 967 (2018)

SIERRA CLUB, INC., Plaintiff-Appellee, v. UNITED STATES FISH AND WILDLIFE SERVICE; National Marine Fisheries Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 21, 2018.

Attorney(s) appearing for the Case

Thomas Pulham (argued), Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellants.

Reed W. Super (argued) and Michael DiGiulio , Super Law Group LLC, New York, New York, for Plaintiff-Appellee.

Shaun A. Goho , Emmett Environmental Law & Policy Clinic, Harvard Law School, Cambridge, Massachusetts, for Amicus Curiae Union of Concerned Scientists.

Partial Concurrence and Partial Dissent by Judge Wallace.

OPINION

Across the United States, thousands of large industrial facilities, power plants, and other manufacturing and processing complexes draw billions of gallons of water each day from lakes, rivers, estuaries and oceans in order to cool their facilities through cooling water intake structures.

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