Bay Institute v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER AND AMENDED MEMORANDUM *
ORDER
The memorandum disposition filed on June 3, 2003, is amended as follows:(1) The first sentence of Paragraph 5 should be deleted and replaced with: “The district court erred in concluding that Interior lacks, discretion to refrain from crediting the amount of Project yield actually used for any (b)(2) purpose against the designated 800,000 acre feet of Project yield. To hold otherwise would defeat the primary purpose for which the 800,000 acre feet were designated-flsh, wildlife, and habitat restoration.”(2) The final sentence of Paragraph 5 should be deleted…
2Cases cited2 opinions
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- The Wilderness Society and the Alaska Center for the Environment v. United States Fish and Wildlife Service, an Agency of the United StatesCourt of Appeals for the Ninth Circuit · 2003
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