Archer v. Babbitt

66 F.3d 334 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John D. ARCHER, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the Interior; Lloyd H. Ferguson, District Manager, U.S. Bureau of Land Management; Wallace A. Evans, Area Manager, Pocatello Resource Area, Bureau of Land Management, Defendants-Appellees, and J.R. Simplot Company, Inc., a Nevada corporation, Defendant-Intervenor-Appellee. No. 94-35514. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 8, 1995. * Decided Sept. 7, 1995. Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 The Bureau of Land Management granted intervenor J.R. Simplot Co. a right-of-way over federal lands to build a phosphate slurry pipeline. Archer challenges the agency's decision on two fronts. He asserts that the BLM did not recognize that it could require Simplot to operate the pipeline as a common carrier and that even if it did, it failed to consider requiring common carriage as an…