COTTONWOOD ENVIRONMENTAL LAW CENTER, Plaintiff-Appellee/Cross-Appellant,
v.
UNITED STATES FOREST SERVICE; Faye Krueger, in her official capacity as Regional Forester for the U.S. Forest Service, Region One, Defendants-Appellants/Cross-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 7, 2014.
Filed June 17, 2015.
Attorney(s) appearing for the Case
Allen M. Brabender (argued), Attorney; Robert G. Dreher , Acting Assistant Attorney General; John H. Martin , Attorney, United States Department of Justice, Environmental and Natural Resources Division, Washington, D.C.; Andrew R. Varcoe , United States Department of Agriculture, Office of the General Counsel, Washington, D.C., for Plaintiffs-Appellants and Cross-Appellees.
Matt Kenna (argued), Attorney, Durango, CO; John Meyer , Attorney, Cottonwood Environmental Law Center, Sandpoint, ID, for Plaintiff-Appellee and Cross-Appellant.
Robert Molinelli and Scott W. Horngren , American Forest Resource Council, Portland, OR, for Amici Curiae American Forest Resource Council, Public Lands Council, Montana Wood Products Association, Inc., Montana Logging Association, Associated Logging Contractors, Inc. — Idaho, California Forestry Association, and Douglas Timber Operators.
Douglas A. Ruley , Vermont Law School, Environmental & Natural Resources Law Clinic, South Royalton, VT, for Amici Curiae Big Wild Adventures and Natural Exposures.
Opinion by Judge PAEZ; Partial Concurrence and Partial Dissent by Judge PREGERSON.
OPINION
PAEZ, Circuit Judge:
In 2000, the United States Fish and Wildlife Service ("FWS") listed the Canada lynx, a snow-sturdy cousin to the bobcat, as a threatened species under the Endangered Species Act of 1973 ("ESA"), 16 U.S.C. § 1531 et seq. FWS designated critical habitat for the Canada lynx in 2006, but did not include...
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