United States Ninth Circuit

Summary judgment for defendants-agencies on claims alleging that procedures followed by the agencies in extending certain leases in highlands considered sacred to plaintiffs-Native American tribes and the subsequent approval of a geothermal plant to be built there, violated various federal laws and fiduciary obligations to tribes, is reversed where the agencies did not take a "hard look" at the environmental consequences of the 1998 lease extensions and never adequately considered the no-action alternative.

Appellate Information

• Argued 02/14/2006
• Decided 11/06/2006
• Published 11/06/2006

Judges

• WALLACE, Circuit Judge:, Before: WALLACE, THOMAS, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Deborah A. Sivas, Earthjustice, Stanford, CA, for the plaintiffs-appellants., Stephan C. Volker, Joshua A.H. Harris, Marnie E. Riddle, Law Offices of Stephan C. Volker, Oakland, CA, for Amici Curiae Save Medicine Lake Coalition, Medicine Lake Citizens for Quality Environment, Fall River Wild Trout Foundation, Klamath Forest Alliance, and California Wilderness Coalition in support of appellants.


• For Appellees:
  
• Thomas L. Sansonetti, Andrew Mergen, Todd S. Aagaard, Andrea L. Berlowe, Dep't of Justice, Washington, D.C., for the defendants-appellees., Robert A. Maynard, Richard W. Oehler, Perkins Coie LLP, Boise, ID, for defendant-appellee Calpine Corporation.