ALASKA OIL AND GAS ASSOCIATION v. PRITZKER

No. 14-35806, No. 14-35811.

840 F.3d 671 (2016)

ALASKA OIL AND GAS ASSOCIATION; American Petroleum Institute; State of Alaska; North Slope Borough; Inupiat Community of the Arctic Slope; Northwest Arctic Borough; Arctic Slope Regional Corporation; NANA Regional Corporation, Inc., Plaintiffs-Appellees, v. Penny PRITZKER, U.S. Secretary of Commerce; National Marine Fisheries Service; National Oceanic and Atmospheric Administration; Kathryn D. Sullivan, in her official capacity as the Acting Under Secretary of Commerce for Oceans and Atmosphere and the Acting Administrator, National Oceanic and Atmospheric Administration; Samuel D. Rauch, III, in his official capacity as the Acting Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, Defendants-Appellants. Alaska Oil and Gas Association; American Petroleum Institute; State of Alaska; North Slope Borough; Inupiat Community of the Arctic Slope; Northwest Arctic Borough; Arctic Slope Regional Corporation; Nana Regional Corporation, Inc., Plaintiffs-Appellees, v. Penny Pritzker, U.S. Secretary of Commerce; National Marine Fisheries Service; National Oceanic and Atmospheric Administration; Kathryn D. Sullivan, in her official capacity as the Acting Under Secretary of Commerce for Oceans and Atmosphere and the Acting Administrator, National Oceanic and Atmospheric Administration; Samuel D. Rauch, III, in his official capacity as the Acting Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, Defendants, and Center for Biological Diversity, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2016.


Attorney(s) appearing for the Case

Robert Parke Stockman (argued), Meredith L. Flax , Mary E. Hollingsworth , and Katherine W. Hazard , Attorneys; John C. Cruden, Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Demian Schane , Office of the General Counsel, United States Department of Commerce, Juneau, Alaska; for Defendants-Appellants.

Kristen Monsell (argued), Emily Jeffers , and Miyoko Sakashita , Oakland, California; Rebecca Noblin , Anchorage, Alaska; as and for Intervenor-Defendant-Appellant.

Jeffrey W. Leppo (argued) and Ryan P. Steen , Stoel Rives LLP, Seattle, Washington, for Plaintiffs-Appellees Alaska Oil and Gas Association, and American Petroleum Institute.

Bradley E. Meyen , Senior Assistant Attorney General, Alaska Department of Law, Anchorage, Alaska; Murray D. Feldman , Holland & Hart LLP, Boise, Idaho; Christina F. Gomez , Holland & Hart LLP, Denver, Colorado; for Plaintiff-Appellee State of Alaska.

Tyson C. Kade (argued), Van Ness Feldman LLP, Washington, D.C.; Matthew A. Love , Van Ness Feldman LLP, Seattle, Washington; for Plaintiffs-Appellees North Slope Borough, Inupiat Community of the Arctic Slope, Northwest Arctic Borough, Arctic Slope Regional Corporation, and NANA Regional Corporation, Inc.

Before: Raymond C. Fisher, Richard A. Paez and Andrew D. Hurwitz, Circuit Judges.


OPINION

The National Marine Fisheries Service ("NMFS") used climate projections to determine that the loss of sea ice over shallow waters in the Arctic would leave the Pacific bearded seal subspecies (Erignathus barbatus nauticus) endangered by the year 2095. This case turns on one issue: When NMFS determines...

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