DEFENDERS OF WILDLIFE v. ZINKE

No. 15-55806.

856 F.3d 1248 (2017)

DEFENDERS OF WILDLIFE, Plaintiff-Appellant, v. Ryan ZINKE, Secretary, Department of the Interior; James W. Kurth, Acting Director, U.S. Fish and Wildlife Service; Michael D. Nedd, Acting Director, Bureau of Land Management, Defendants-Appellees, and Silver State South Solar, LLC; Silver State Solar Power South LLC, Intervenor-Defendants-Appellees, and First Solar, Inc.; Desert Stateline, LLC, Intervenor-Defendants.

United States Court of Appeals, Ninth Circuit.

Filed May 18, 2017.


Attorney(s) appearing for the Case

Eric R. Giltzenstein (argued) and William N. Lawton , Meyer Glitzenstein & Eubanks, Washington, D.C., for Plaintiff-Appellant.

Varu Chilakamarri (argued), J. David Gunter II , and Andrew C. Mergen ; John C. Cruden , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

George T. Caplan (argued), Los Angeles, California, for Intervenor-Defendants-Appellees.

Lori Potter and Nicholas Clabbers , Kaplan Kirsch & Rockwell LLP, Denver, Colorado, for Amicus Curiae Clark County.

Before: MILAN D. SMITH, JR. and JOHN B. OWENS, Circuit Judges, and EDWARD R. KORMAN, District Judge.


OPINION

This case arises from the Bureau of Land Management (BLM)'s approval of a right-of-way on federal lands in Nevada for the construction of an industrial solar project, known as Silver State South, and the project's possible impact on the desert tortoise. Plaintiff Defenders of Wildlife (DOW) contends that...

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