TROUT UNLIMITED v. PIRZADEH

No. 20-35504.

1 F.4th 738 (2021)

TROUT UNLIMITED, Plaintiff-Appellant, and Bristol Bay Economic Development Corporation; Bristol Bay Native Association, Inc.; United Tribes of Bristol Bay; Bristol Bay Regional Seafood Development Association, Inc.; Bristol Bay Reserve Association; SalmonState; Alaska Center; Alaska Community Action on Toxics; Alaska Wilderness League; Cook Inletkeeper; Defenders of Wildlife; Earthworks; Friends of McNeil River; National Parks Conservation Association; National Wildlife Federation; Natural Resources Defense Council; Sierra Club; Wild Salmon Center; McNeil River Alliance, Plaintiffs, v. Michelle PIRZADEH, in her official capacity as Acting Regional Administrator of the U.S. Environmental Protection Agency, Region 10; Melissa Hoffer, in her official capacity as Acting General Counsel for EPA and delegated authority of the Administrator; U.S. Environmental Protection Agency; Michael S. Regan, in his official capacity as Administrator, Defendants-Appellees, State of Alaska, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 17, 2021.


Attorney(s) appearing for the Case

Paul A. Werner III (argued), Steven P. Hollman , Abraham J. Shanedling , and Kirsten O. Ryan , Sheppard Mullin Richter & Hampton LLP, Washington, D.C., for Plaintiffs-Appellant.

Anna T. Katselas (argued), Michael T. Gray , and Mark A. Nitczynski , Attorneys; Eric Grant , Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Carrie Wehling and Heidi Nalven , Attorneys, United States Environmental Protection Agency, Washington, D.C.; for Defendants-Appellees.

Dissent by Judge Bress.


OPINION

The Bristol Bay watershed in southwestern Alaska contains considerable ecological and commercial resources. One of the greatest wild salmon fisheries in the world, Bristol Bay supports a diverse ecosystem, commercial fishing operations, recreational fishing, and a subsistence way of life for many tribal communities...

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