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FOUNDATION FOR HORSES AND OTHER ANIMALS v. BABBITT

No. 98-55148.

154 F.3d 1103 (1998)

FOUNDATION FOR HORSES AND OTHER ANIMALS, a California non-profit corporation; Lynne Sherman; Barbara Werger; Wendy Penke; and Beverly McCurdy, Plaintiffs-Appellants, v. BRUCE BABBITT, Secretary of the Interior, United States Department of the Interior; Roger Kennedy, Director of the National Park Service, in his official capacity; Timothy Setnicka, Superintendent of Channel Islands National Park, in his official capacity; Thomas Gherini, Personally and as Executor of the Estate of Pier Gherini; John Gherini; Pier Gherini, Jr.; Ellen Reis; and Marie Ringrose, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1998.

Attorney(s) appearing for the Case

James R. Nichols, Santa Barbara, CA, for plaintiffs-appellants.

John K. Rubiner, Los Angeles, CA, for defendants-appellees.

Scott B. Campbell, Santa Barbara, CA, for defendants-appellees.

Before: FLETCHER, FERNANDEZ, and RYMER, Circuit Judges.

PER CURIAM.

Appellants, Foundation for Horses and Other Animals and individual members of Foundation (collectively, Foundation), appeal the district court's grant of summary judgment in favor of defendants, the National Park Service, the estate of Pier Gherini, and various individuals (collectively, NPS).1 Foundation asserts that NPS violated the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., when it decided to...

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