Legal Opinion

Laub v. United States Department of the Interior

Court of Appeals for the Ninth Circuit

Decided September 8, 2003No. 02-15104PublishedCited by 2 opinions

1Opinion of the Court

OPINION

THOMAS, Circuit Judge.

This appeal presents the question of whether an action under the National Environmental Protection Act (NEPA), 42 U.S.C. § 4321 et seq., against various federal and state government defendants1 challenging a proposed plan for managing the California Bay-Delta water resources is ripe for judicial review before site-specific action is taken. We hold that it is and reverse the district court. Because the record is not sufficient to ascertain wheth*1083er the State Defendants’ participation in the water management program is sufficiently independent of federal control to…

2Cases cited38 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  3. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  4. Califano v. SandersSupreme Court of the United States · 1977
  5. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989

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3Cited by2 opinions

  1. Don Laub Debbie Jacobsen Ted Sheely California Farm Bureau Federation v. United States Department of the Interior Gale A. Norton, Secretary, Department of the Interior United States Environmental Protection Agency Marianne Horinko, in Her Official Capacity as Acting Administrator of the U.S. Epa Department of the Army, (Civil Works) Joseph W. Westphal, Dr., in His Official Capacity as Assistant Secretary of the Army (Civil Works) Donald Evans, in His Official Capacity as Secretary, U.S. Department of Commerce United States Department of Commerce U.S. Department of Agriculture Ann M. Veneman, in Her Official Capacity as Secretary, U.S. Department of Agriculture U.S. Army Corps of Engineers Peter T. Madsen, Brigadier General, in His Official Capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers Natural Resources Conservation Service Charles Bell, in His Capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service National Marine Fisheries Service Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service U.S. Fish & Wildlife Service Stephen Thompson, in His Official Capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service United States Bureau of Reclamation Kirk C. Rodgers, in His Official Capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation Gray Davis, Governor of the State of California California Resources Agency Mary D. Nichols, in Her Official Capacity as Secretary of the California Resources Agency California Environmental Protection Agency Winston Hickox, in His Official Capacity as Secretary of the California Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003
  2. International Association of Heat & Frost Insulators & Allied Workers, Local #135 v. The Local 135 Joint Apprenticeship & Training Committee, et al.District Court, D. Nevada · 2025

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