United States Ninth Circuit

The district court's grant of summary judgment in favor of defendant is affirmed where the court properly found that it was within the Forest Service's authority to restrict the use of the ditches to maintain instream flow levels for the protection of fish under the Endangered Species Act.

Appellate Information

• Argued 07/09/2003
• Decided 10/29/2003
• Published 10/29/2003

Judges

• REAVLEY, Circuit Judge:, Before REAVLEY,TASHIMA, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Russell C. Brooks, Pacific Legal Foundation, Bellevue, WA, for the plaintiffs-appellants.


• For Appellees:
  
• Andrew C. Merger, Department of Justice, Washington, DC, for the defendants-appellees., John B. Arum, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, for the defendants-intervenors-appellees.