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CENTER FOR BIOLOGICAL DIVERSITY v. E.P.A.

No. 14-1036 Consolidated with 15-5168.

861 F.3d 174 (2017)

CENTER FOR BIOLOGICAL DIVERSITY, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. E.I. du Pont De Nemours and Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2017.

Attorney(s) appearing for the Case

Amanda W. Goodin argued the cause for petitioners/appellants. With her on the briefs were Kristen L. Boyles , Patti A. Goldman , Seattle, WA, George A. Kimbrell , and Jason C. Rylander , Washington, DC.

Travis Annatoyn , Attorney, U.S. Department of Justice, argued the cause for respondent/appellee. With him on the brief were John C. Cruden , Assistant Attorney General, and Andrew C. Mergen , Washington, DC, Ellen J. Durkee , Lesley Lawrence-Hammer , and Anna T. Katselas , Attorneys. Paul Cirino , Trial Attorney, entered an appearance.

Kirsten L. Nathanson , Warren U. Lehrenbaum , Washington, DC, and Sherrie A. Armstrong were on the brief for intervenor-respondents/intervenor-appellees in support of respondent.

Dissenting opinion filed by Senior Circuit Judge Randolph.

The Endangered Species Act ("ESA"), 16 U.S.C. §§ 1531 et seq., and its implementing regulations require the United States Environmental Protection Agency ("EPA") to consult with certain wildlife services before taking any action that "may affect"...

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