Buono v. Norton

371 F.3d 543 Frank BUONO; Allen Schwartz, Plaintiffs-Appellees, v. Gale NORTON, Secretary of the Interior, in her official capacity; Jonathan Jarvis, Regional Director, Pacific West Region of the Department of Interior, in his official capacity; * Mary Martin, Superintendent of the Mojave National Preserve, in her official capacity, Defendants-Appellants. No. 03-55032. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 6, 2003. Filed June 7, 2004. Thomas L. Sansonetti, Assistant Attorney General, Jeffrey Bossert Clark, Deputy Assistant Attorney General, David C. Shilton, Charles R. Shockey, and Kathryn E. Kovacs, U.S. Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, DC, and Larry Bradfish, U.S. Department of the Interior, Oakland, CA, for the defendants-appellants. Peter J. Eliasberg and Mark D. Rosenbaum, ACLU Foundation of Southern California, Los Angeles, CA, for the plaintiffs-appellees. Appeal from the United States District Court for the Central District of California; Robert J. Timlin, District Judge, Presiding. D.C. No. CV-01-00216-RT. Before KOZINSKI and T.G. NELSON, Circuit Judges, and RESTANI,…