Legal Opinion
Aluminum Co. of America v. Bonneville Power Administration
Court of Appeals for the Ninth Circuit
Decided June 1, 1995No. 93-70857PublishedCited by 3 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
In this third of three related cases,1 we must decide whether a federal agency, the Bonneville Power Administration, acted arbitrarily and capriciously in augmenting river flows as a means of benefitting the salmon.2
I
The factual background is largely set forth in the second of these related cases, Idaho Department of Fish & Game v. National Marine Fisheries Service, 56 F.3d 1071 (9th Cir.1995), and we discuss here only the facts that are particular to this petition for review. As we discussed there, the U.S. Army Corps of Engineers (the “Corps”), the Bureau of…
2Cases cited1 opinion
- Idaho Department of Fish & Game v. National Marine Fisheries ServiceCourt of Appeals for the Ninth Circuit · 1995
3Cited by3 opinions
- Idaho Department of Fish & Game v. National Marine Fisheries ServiceCourt of Appeals for the Ninth Circuit · 1995
- Idaho Department of Fish & Game, State of Oregon, Intervenor-Appellee, Northwest Resource Information Center, Inc., Intervenor-Appellee v. National Marine Fisheries Service, Defendant-Cross-Defendant-Appellee, Direct Service Industrial Customers (Aluminum Co. Of America, Atochem North America, Columbia Falls Aluminum Company, Georgia-Pacific Corp., Kaiser Aluminum & Chemical Corp., Intalco Aluminum Corp.), Defendant-Intervenor-Appellant v. Randall W. Hardy, in His Official Capacity as Administrator of the Bonneville Power Administration, Third-Party-Defendant-Appellee. Idaho Department of Fish & Game, and State of Oregon, Intervenor-Appellee v. National Marine Fisheries Service, Defendant-Cross-Defendant-Appellee v. Pacific Northwest Generating Cooperative, Defendant-Intervenor-Appellant v. Randall W. Hardy, in His Official Capacity as Administrator of the Bonneville Power Administration, Third-Party-Defendant-AppelleeCourt of Appeals for the Third Circuit · 1995
- Aluminum Company Of America v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 1995