TULELAKE IRRIGATION DIST. v. U.S. FISH & WILDLIFE

No. 20-35515.

40 F.4th 930 (2022)

TULELAKE IRRIGATION DISTRICT; Klamath Water Users Association; Tally Ho Farms Partnership, DBA Walker Brothers; Four H Organics, LLC; Woodhouse Farming and Seed Company; Tulelake Growers Association, Plaintiffs-Appellants, v. UNITED STATES FISH AND WILDLIFE SERVICE, a federal agency of the United States Department of the Interior; 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; Paul Souza, his official capacity as Regional Director of the United States Fish and Wildlife Service, Pacific Southwest Region, Defendants-Appellees, Audubon Society of Portland, An Oregon nonprofit corporation; Oregon Wild, An Oregon nonprofit corporation; WaterWatch of Oregon, An Oregon nonprofit corporation, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2022.


Attorney(s) appearing for the Case

Brittany K. Johnson (argued), Paul S. Simmons , and Alexis K. Stevens , Somach Simmons & Dunn, PC, Sacramento, California, for Plaintiffs-Appellants.

Andrew M. Bernie (argued), Andrew C. Mergen , and Ellen J. Durkee , Attorneys; Jean E. Williams , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Maura C. Fahey (argued) and Oliver J. H. Stiefel , Crag Law Center, Portland, Oregon, for Intervenor-Defendants-Appellees.

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

In January 2017, the United States Fish and Wildlife Service ("Service") issued a Record of Decision ("ROD") adopting a combined Environmental Impact Statement and a Comprehensive Conservation Plan ("EIS/CCP") for five of the six wildlife refuges in the Klamath Basin National Wildlife Refuge Complex...

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