CENTER FOR BIOLOGICAL DIVERSITY v. NORTON

No. 00-16020.

254 F.3d 833 (2001)

CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff-Appellant, v. Gale NORTON, Secretary of the Department of the Interior, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2001


Attorney(s) appearing for the Case

Matt Kenna, Kenna & Hickcox, P.C., Durango, Colorado, for the plaintiff-appellant.

Mark R. Haag, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendant-appellee.

Before: STEPHEN S. TROTT, SIDNEY R. THOMAS, MARSHA S. BERZON, Circuit Judges.


Argued and Submitted January 9, 2001 — Pasadena, California

BERZON, Circuit Judge:

The Center for Biological Diversity (the "Center") appeals the district court's grant of summary judgment in favor of the Secretary of the Interior (the "Secretary"). The district court rejected the Center's effort to compel the Secretary to issue certain findings in response to petitions to list two species for protection under the Endangered Species Act ("ESA"). 16...

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