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FOREST GUARDIANS v. BABBITT

No. 97-2370.

164 F.3d 1261 (1998)

FOREST GUARDIANS, a non-profit New Mexico corporation, and Defenders of Wildlife, a non-profit Washington, D.C. corporation, Plaintiffs-Appellants, v. Bruce BABBITT, Secretary of the Interior, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 22, 1998.

Attorney(s) appearing for the Case

Matt Kenna, Kenna & Hickcox, Durango, Colorado, for Plaintiffs-Appellants.

James C. Kilbourne, Attorney, Department of Justice (Lois J. Schiffer, Assistant Attorney General; John J. Kelly, United States Attorney; John W. Zavitz, Assistant United States Attorney; Ellen J. Durkee, Attorney, Department of Justice; and Warigia Bowman, Attorney, Department of Justice, with him on the briefs), Washington, D.C., for Defendant-Appellee.

Before PORFILIO, EBEL and KELLY, Circuit Judges.

EBEL, Circuit Judge.

In 1991, the administrative process was set in motion to list the Rio Grande silvery minnow as an endangered species and designate its critical habitat under the Endangered Species Act of 1973 and its subsequent amendments ("ESA" or "Act"). In July 1994, the Secretary of the Interior ("Secretary") listed the fish as an endangered species, but failed to issue a rule regarding its critical habitat. By statute, a final rule designating the silvery...

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