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SOUTHWEST CTR. FOR BIOLOGICAL DIVERSITY v. BABBITT

No. 99-5313.

215 F.3d 58 (2000)

SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY, et al., Appellees, v. Bruce BABBITT and Jamie Rappaport Clark, Director, U.S. Fish and Wildlife Service, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 2000.

Attorney(s) appearing for the Case

Andrew C. Mergen, Attorney, United States Department of Justice, argued the cause for appellants. With him on the briefs were Lois J. Schiffer, Assistant Attorney General, and James C. Kilbourne, Attorney. Lisa E. Jones and Elizabeth A. Peterson, Attorneys, entered appearances.

Katherine A. Meyer argued the cause for appellees. With her on the brief was Eric R. Glitzenstein.

Before: EDWARDS, Chief Judge, RANDOLPH and ROGERS, Circuit Judges.

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge:

The only issue raised on appeal in this case is whether the Endangered Species Act ("Act") requires the Fish and Wildlife Service to conduct an on-site population count of birds when the currently available data are sparse and calculations of a bird species population must of necessity be based on estimates. The Act provides that the Secretary of the Interior must make...

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