AUDUBON SOCIETY OF PORTLAND, an Oregon nonprofit corporation; Oregon Wild, an Oregon nonprofit corporation; Waterwatch of Oregon, an Oregon nonprofit corporation; Western Watersheds Project, Plaintiffs, and
Center for Biological Diversity, Plaintiff-Appellant,
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.
Audubon Society of Portland, an Oregon nonprofit corporation; Oregon Wild, an Oregon nonprofit corporation; Waterwatch of Oregon, an Oregon nonprofit corporation; Center for Biological Diversity, Plaintiffs, and
Western Watersheds Project, Plaintiff-Appellant,
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
BRESS, Circuit Judge.
In 2017, after more than six years of research, planning, and consultation, the U.S. Fish and Wildlife Service (FWS) adopted a Comprehensive Conservation Plan for five National Wildlife Refuges in the Klamath Basin National Wildlife Refuge Complex. The Conservation Plan and its appendices span over 3,500 pages...
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