Churchill County v. Gale A. Norton

276 F.3d 1060 (9th Cir. 2001) CHURCHILL COUNTY; CITY OF FALLON, PLAINTIFFS-APPELLANTS, v. GALE A. NORTON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE INTERIOR; * WILLIAM BETTENBERG, IN HIS OFFICIAL CAPACITY AS ASSISTANT DIRECTOR, OFFICE OF POLICY ANALYSIS, DEPARTMENT OF THE INTERIOR; JEFFREY ZIPPIN, IN HIS OFFICIAL CAPACITY AS TEAM LEADER TRUCKEE-CARSON COORDINATION OFFICE, DEPARTMENT OF THE INTERIOR; RONALD ANGLIN, IN HIS OFFICIAL CAPACITY AS REFUGE MANAGER, STILLWATER NATIONAL WILDLIFE REFUGE, DEPARTMENT OF THE INTERIOR; MARVIN PLENERT, IN HIS OFFICIAL CAPACITY AS REGIONAL DIRECTOR OF THE U.S. FISH AND WILDLIFE SERVICE; JOHN DOEBEL, IN HIS OFFICIAL CAPACITY AS ASSISTANT REGIONAL DIRECTOR OF THE U.S. FISH AND WILDLIFE SERVICE; AND ANN BALL, IN HER OFFICIAL CAPACITY AS PROJECT MANAGER OF BUREAU OF RECLAMATION LAHONTAN BASIN PROJECT OFFICE, DEFENDANTS-APPELLEES. AND SIERRA PACIFIC POWER COMPANY, DEFENDANT-INTERVENOR. No. 00-15967 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued and Submitted January 11, 2001 Filed December 19, 2001 NOTE: AMENDED PER ORDER OF MARCH 11, 2002[Copyrighted Material Omitted][Copyrighted Material Omitted] Counsel Antonio Rossmann (argued),…