AUDUBON SOCIETY OF PORTLAND, An Oregon nonprofit corporation; Oregon Wild, An Oregon nonprofit corporation; WaterWatch of Oregon, An Oregon nonprofit corporation, Plaintiffs-Appellants, and
Center for Biological Diversity; Western Watersheds Project, Plaintiffs,
v.
Deb HAALAND, in her official capacity as Secretary of the United States Department of the Interior; Aurelia Skipwith, in her official capacity as Director of the United States Fish and Wildlife Service; United States Fish and Wildlife Service, a federal agency of the United States Department of the Interior, Defendants-Appellees,
Tulelake Irrigation District; Klamath Water Users Association; Tulelake Growers Association; Tally Ho Farms Partnership, DBA Walker Brothers; Four H Organics, LLC; Woodhouse Farming and Seed Company; Michael Byrne, Intervenor-Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 5, 2021 Portland, Oregon.
Stephanie M. Parent (argued), Center for Biological Diversity, Portland, Oregon; Hannah M.M. Connor , Center for Biological Diversity, St. Petersburg, Florida; for Plaintiff Center for Biological Diversity.
John S. Persell (argued), Western Watersheds Project, Hailey, Idaho; David H. Becker , Law Office of David H. Becker, LLC, Portland, Oregon; Paul D. Ruprecht , Western Watersheds Project, Reno, Nevada; for Plaintiff Western Watersheds Project.
Timothy Beau Ellis , Vial Fotheringham LLP, Lake Oswego, Oregon, for amici curiae Oregon Farm Bureau Federation, Klamath-Lake County Farm Bureau, California Farm Bureau Federation, Modoc County Farm Bureau, and Siskiyou County Farm Bureau.
Before: William A. Fletcher, Sandra S. Ikuta, and Daniel A. Bress, Circuit Judges.
OPINION
W. FLETCHER, Circuit Judge:
In January 2017, the United States Fish and Wildlife Service ("Service") issued a Record of Decision ("ROD") adopting a combined Environmental Impact Statement and Comprehensive Conservation Plan ("EIS/CCP") for five of the six refuges in the Klamath Basin National Wildlife Refuge Complex ("Klamath Refuge...
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