Southwest Center for Biological Diversity v. U.S. Bureau of Reclamation

These consolidated appeals arise out of a controversy over an endangered subspecies of songbirds and the management of the waters of the Colorado River impounded behind a multipurpose Dam. ■

Southwest Center for Biological Diversity (“Southwest”) brought suit against Bruce Babbitt, the Secretary of the Interior (“the *517 Secretary”), and the United States Bureau of Reclamation (“Reclamation”), alleging violations of the Endangered Species Act (“ESA”). The district court dismissed Southwest’s suit against Reclamation, ruling that Southwest did not satisfy jurisdictional pre-suit notice requirements. The district court then granted summary judgment in favor of the Secretary, concluding that the Secretary did not violate any provisions of the ESA. Having disposed of the case, the district court denied as moot the indispensable party motions raised by the states of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming (“the States”). Plaintiffs, intervenors, and the States appeal. We have jurisdiction to review this case under 28 U.S.C. § 1291 and 5 U.S.C. § 701 et seq. We affirm.

I. BACKGROUND

A. Factual and Procedural History.

In dry years, the Lake Mead delta…