Center for Biological Diversit v. Ken Salazar

FILED NOT FOR PUBLICATION MAY 06 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CENTER FOR BIOLOGICAL No. 10-16513 DIVERSITY; GRAND CANYON TRUST; SIERRA CLUB; KAIBAB D.C. No. 3:09-cv-08207-DGC BAND OF PAIUTE INDIANS; HAVASUPAI TRIBE, MEMORANDUM* Plaintiffs - Appellants, v. KEN SALAZAR, Secretary of the Interior; UNITED STATES BUREAU OF LAND MANAGEMENT, Defendants - Appellees, DENISON MINES (USA) CORP.; DENISON ARIZONA STRIP, LLC, Intervenor-Defendants - Appellees. Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding Argued and Submitted January 14, 2011 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. San Francisco, California Before: HUG, SCHROEDER, and RAWLINSON, Circuit Judges. In this interlocutory appeal, Appellants challenge the district court’s denial of their motion for a preliminary injunction. Reviewing for abuse of discretion, see Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011), we affirm for the reasons stated by the district court judge. Appellants failed to raise serious questions on the merits of their claims of violations of the National Environmental Policy Act, 42 U.S.C. § 4321, et seq. and the Federal Land Policy Management Act, 43 U.S.C. § 1701 et seq. See id. at 1132. AFFIRMED.