Bennett v. Plenter

63 F.3d 915 41 ERC 1129 , 64 USLW 2139 , 25 Envtl. L. Rep. 21,479, 95 Cal. Daily Op. Serv. 6699 , 95 Daily Journal D.A.R. 11 ,470 Brad BENNETT; Mario Giordano; Langell Valley Irrigation District, a political subdivision of the state of Oregon; Horsefly Irrigation District, a political subdivision of the State of Oregon, Plaintiffs-Appellants, v. Marvin L. PLENERT, in his official capacity as Regional Director, Region One, Fish and Wildlife Service, U.S. Department of the Interior; John F. Turner, in his official capacity as Director, Fish and Wildlife Service, U.S. Department of the Interior; Bruce Babbitt, in his official capacity as Secretary, U.S. Department of the Interior, Defendants-Appellees. No. 94-35008. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1995. Decided Aug. 24, 1995. William F. Schroeder, Schroeder, Hutchens & Sullivan, Vale, OR, for plaintiffs-appellants. Ellen J. Durkee, U.S. Dept. of Justice, Washington, DC, for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before: PREGERSON * , CANBY, and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge: 1 This case requires us to…