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PALOUSE PRAIRIE FOUNDATION v. SALAZAR

No. 09-35294.

PALOUSE PRAIRIE FOUNDATION; PALOUSE AUDOBON SOCIETY; FRIENDS OF THE CLEARWATER; O. LYNNE NELSON; STEVE PAULSON; CENTER FOR BIOLOGICAL DIVERSITY, Plaintiffs-Appellants, v. KEN SALAZAR, Secretary of the Interior; US DEPARTMENT OF INTERIOR; ROWAN GOULD, Director, U.S. Fish & Wildlife Service; UNITED STATES FISH AND WILDLIFE SERVICE, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2010.

NOT FOR PUBLICATION

MEMORANDUM*

Petitioners-Appellants petitioned the U.S. Fish and Wildlife Service to list the giant Palouse earthworm as an endangered or threatened species. The Service issued a negative 90-day finding that rejected the petition, concluding that there was insufficient evidence to indicate that the earthworm may be threatened. Petitioner-Appellants brought suit in the Eastern District of Washington, claiming...

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