DEF. OF WILDLIFE v. JEWELL

No. 14-5284.

815 F.3d 1 (2016)

DEFENDERS OF WILDLIFE AND CENTER FOR BIOLOGICAL DIVERSITY, Appellants v. Sally JEWELL, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 1, 2016.


Attorney(s) appearing for the Case

Jason C. Rylander argued the cause for appellants. With him on the briefs were Karimah Schoenhut , Michael P. Senatore , and Collette L. Adkins .

Brian C. Toth , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was John C. Cruden , Assistant Attorney General.

Wayne J. D'Angelo and Michael B. Wigmore were on the brief for intervenor-defendants-appellees American Petroleum Institute, et al. David E. Frulla entered an appearance.

Nancie G. Marzulla and Roger J. Marzulla were on the brief for intervenor/defendant-appellee Glenn Hegar, Texas Comptroller of Public Accounts.

M. Reed Hopper and Jonathan C. Wood were on the brief for amicus curiae Pacific Legal Foundation in support of appellees.

Opinion for the court filed by Circuit Judge ROGERS.


The issue in this appeal concerns when a voluntary state conservation agreement may be considered in deciding whether or not to list a species under the Endangered Species Act. In 2012, the Fish and Wildlife Service withdrew its 2010 proposal to list the dunes sagebrush lizard, whose habitat is in New Mexico and Texas, as...

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