Babbitt

Southwest Center for Biological Diversity (“Southwest”) appeals the dismissal of its suit against the Secretary of the Interior alleging the government’s plan to begin using the newly completed Additional Active Conservation Capacity (“AACC”) behind the Roosevelt Dam violates the Endangered Species Act (“ESA”) and the National Environmental Policy Act (“NEPA”). Southwest claims the government has not adequately taken into account the fate of the Southwestern Willow Flycatcher, an endangered species of songbird with a major nesting ground near the dam, and seeks to prevent the new capacity from being filled until further environmental study is completed. The district court dismissed Southwest’s action for failure to join the Salt River Pima-Marieopa Indian Community (“Community”), which the district court concluded was a necessary and indispensable party under Federal Rule of Civil Procedure 19. The Community is a non-party with rights under a 1988 settlement agreement to store water in the AACC.

Reviewing for abuse of discretion, see Kescoli v. Babbitt, 101 F.3d 1304, 1309 (9th Cir.1996), we conclude that the Community is not a necessary party and therefore reverse. The district…