Opinion · Court of Appeals for the Ninth Circuit

Churchill County v. Babbitt

Churchill County v. Babbitt, 158 F.3d 491 (9th Cir. 1998)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1998-10-29
Topic
general

*492The opinion filed July 15, 1998 [150 F.3d 1072], is hereby amended. On page 7499 of the slip opinion [150 F.3d at 1079], the last sentence in paragraph 6 is amended by deleting the words “in the absence of a PEIS examining their combined effects”. The partial paragraph at the top of page 7501 [150 F.3d at 1080] is amended by deleting the words “caused by the FWS’s failure to prepare a PEIS,”. The first full paragraph at the top of page 7502 [150 F.3d at 1080] is amended by deleting the words “prior to producing a PEIS”. At the end of the partial paragraph at the top of page 7492 [150 F.3d at 1076, end of first paragraph^ footnote should be added to read as follows: “On this appeal we address only the standing of the local governments and the intervention of right of the local power utility.

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Cited by
26 opinions
CHURCHILL COUNTY v. BABBITT,158 F.3d 491(9th Cir. 1998)
CHURCHILL COUNTY, a political subdivision of the State of Nevada; City of
Fallon, a political subdivision of the State of Nevada,
Plaintiffs-Appellants, v. Bruce BABBITT, in his official capacity
as Secretary of the Interior; William Bettenberg, in his official capacity
as Assistant Director, Office of Policy Analysis, Department of Interior;
Jeffery Zippin, in his official capacity as Team Leader, Truckee-Carson
Coordination Office, Department of Interior; Ronald Anglin, in his
official capacity as Refuge Manager; Stillwater National Wildlife Refuge,
Department of Interior; Marvin Plenert, in his official capacity
as Regional Director of the United States Fish and Wildlife Services;
John Doebel, in his official capacity as Assistant Regional Director of
the United States Fish and Wildlife Services; Ann Ball, in her official
capacity as Project Manager of Bureau of Reclamation Lahontan Basin
Project Office, Defendants-Appellees, and Sierra Pacific Power Company,
Intervenor.
CHURCHILL COUNTY, a political subdivision of the State of Nevada; City of
Fallon, a political subdivision of the State of Nevada,
Plaintiffs-Appellees, Sierra Pacific Power Company, Intervenor-Appellant,
v. Bruce BABBITT, in his official capacity as Secretary of the Interior,
Defendant.
Nos. 97-15508, 97-15813.
United States Court of Appeals, Ninth Circuit.
October 29, 1998.
Appeal from the United States District Court for the District of Nevada; Edward C. Reed, Jr., District Judge, Presiding. D.C.Page 492Nos. CV-95-00724-ECR, CV-96-00146-ECR.
[1] The opinion filed July 15, 1998 [150 F.3d 1072], is hereby amended.

[2] On page 7499 of the slip opinion [150 F.3d at 1079], the last sentence in paragraph 6 is amended by deleting the words "in the absence of a PEIS examining their combined effects".

[3] The partial paragraph at the top of page 7501 [150 F.3d at 1080] is amended by deleting the words "caused by the FWS's failure to prepare a PEIS,".

[4] The first full paragraph at the top of page 7502 [150 F.3d at 1080] is amended by deleting the words "prior to producing a PEIS".

[5] At the end of the partial paragraph at the top of page 7492 [150 F.3d at 1076, end of first paragraph]a footnote should be added to read as follows:
"On this appeal we address only the standing of the local governments and the intervention of right of the local power utility. We make no judgment concerning the merits of this action."


[6] With these amendments, the panel has voted to deny the petition for rehearing.

[7] So ordered.Page 997