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NATURAL RESOURCES DEFENSE v. U.S. DEPT. OF INTERIOR

No. 95-56075.

113 F.3d 1121 (1997)

NATURAL RESOURCES DEFENSE COUNCIL, a New York non-profit corporation; National Audubon Society, a New York non-profit corporation; Elisabeth Brown, Dr., an individual, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE INTERIOR; Secretary of the Interior; Director of the United States Fish and Wildlife Service; Regional Director of the United States Fish and Wildlife Service, Region 1; Field Supervisor, United States Fish and Wildlife Service, Carlsbad Field Office; United States Department of Transportation; Secretary of the United States Department of Transportation; Federal Highway Administration; Administrator of the Federal Highway Administration; Regional Administrator, Region IX, of the Federal Highway Administration; San Joaquin Hills Transportation Corridor Agency, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 21, 1997.

Attorney(s) appearing for the Case

Joel R. Reynolds and Michael D. Fitts, Natural Resources Defense Council, Inc., Los Angeles, California; Kathleen Rogers, National Audubon Society, Washington, D.C.; Craig S. Bloomgarden, Macklin Tatro, Los Angeles, California, for plaintiffs-appellants.

Anne S. Almy, Ellen J. Durkee, James C. Kilbourne, Christiana P. Perry, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Kurt Zimmerman, Assistant United States Attorney, Los Angeles, California; Robert D. Thornton, Nossaman, Guthner, Knox & Elliott, Irvine, California, for defendants-appellees.

Before PREGERSON, D.W. NELSON, and O'SCANNLAIN, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

This case presents the question whether the defendants violated the Endangered Species Act by failing to designate critical habitat for the coastal California gnatcatcher. Upon cross-motions for summary judgment, the district court denied the plaintiffs' motion and granted summary judgment for the defendants. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse.

FACTS

The coastal California...

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