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AMERICAN WILDLANDS v. KEMPTHORNE

No. 07-5179.

530 F.3d 991 (2008)

AMERICAN WILDLANDS, et al., Appellants v. Dirk KEMPTHORNE, Secretary, U.S. Department of the Interior and Dale Hall, Director, U.S. Fish and Wildlife Service, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2008.

Attorney(s) appearing for the Case

Abigail M. Dillen argued the cause for appellants. With her on the briefs was Timothy J. Preso. Douglas L. Honnold entered an appearance.

Lane M. McFadden, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the briefs were Andrew C. Mergen and Jennifer L. Scheller, Attorneys.

Opinion for the court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

The westslope cutthroat trout has historically inhabited rivers and streams across parts of Montana, Wyoming, Idaho, Oregon, and Washington. Its scientific name, Oncorhynchus clarki lewisi, pays homage to Lewis and Clark, the storied explorers who encountered the fish in 1805 at the Great Falls of the Missouri River. Plaintiffs maintain that interbreeding with other members of the trout family...

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