MT. GRAHAM RED SQUIRREL v. MADIGAN

Nos. 89-16138, 90-15400, 90-16125 and 90-16172.

954 F.2d 1441 (1992)

MT. GRAHAM RED SQUIRREL, (Tamiasciurus hudsonicus grahamensis), an endangered species, Sierra Club, a non-profit corporation, National Audubon Society, a non-profit corporation, National Wildlife Federation, a non-profit association, Arizona Wildlife Federation, a non-profit corporation, Maricopa Audubon Society, a non-profit association, Tucson Audubon Society, a non-profit association, Prescott Audubon Society, a non-profit association, Yuma Audubon Society, a non-profit association, Northern Arizona Audubon Society, a non-profit association, Defenders of Wildlife, a non-profit organization, Wayne Woods, an individual, Plaintiffs-Appellants, v. Edward R. MADIGAN, in his official capacity as Secretary of Agriculture; F. Dale Roberton, in his official capacity as Chief Forester, U.S. Forest Service, David F. Jolly, in his official capacity as Regional Forester for the Southwestern Region, Manuel Lujan, in his official capacity as Secretary of the Interior, Steven Robinson, in his official capacity as Interim Director of the U.S. Fish and Wildlife Service, Defendants-Appellees, and State of Arizona Board of Regents, University of Arizona, Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed December 11, 1991.

Opinion Withdrawn January 21, 1992.

Opinion Filed January 21, 1992.


Attorney(s) appearing for the Case

Mark Hughes, Fern L. Shepard, Thomas T. Ankersen, Sierra Club Legal Defense Fund, Denver, Colo., for plaintiffs-appellants.

William Perry Pendley, Todd S. Welch, C. Thomas Blickensderfer, Mountain States Legal Foundation, Denver, Colo., for applicants for intervention-appellants.

David C. Todd, Sheila M. Foran, Patton, Boggs & Blow, Washington, D.C., for defendant-intervenor-appellee.

Thomas M. Thompson, The University of Arizona, Tucson, Ariz., for defendant-intervenor-appellee.

Richard B. Stewart, Asst. Atty. Gen., Gerald S. Frank, Asst. U.S. Atty., Tucson, Ariz., Larry J. Bradfish, Martin W. Matzen, M. Alice Thurston, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before TANG, FLETCHER and REINHARDT, Circuit Judges.


ORDER

The opinion filed December 11, 1991, is withdrawn.

OPINION

REINHARDT, Circuit Judge:

This is a case about difficult choices. In 1988, Congress was asked to choose between ensuring that our nation remains a world leader in astrophysical research or protecting from almost certain demise an endangered species on the brink of extinction. Congress attempted a compromise by passing the Arizona-Idaho Conservation Act, Title VI, Mount Graham...

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