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DEFENDERS OF WILDLIFE v. NORTON

Nos. 99-56362, 00-55496.

258 F.3d 1136 (2001)

DEFENDERS OF WILDLIFE; Tucson Herpetological Society; Horned Lizard Conservation Society; Sierra Club; Desert Protective Council; Biodiversity Legal Foundation; Dale Turner; Wendy Hodges; Francis Allan Muth, Plaintiffs-Appellants v. Gale NORTON, Secretary of the Department of the Interior, Jamie Rappaport Clark, Director, U.S. Fish and Wildlife Service; Gail Kobetich, Supervisor, Carlsbad Field Office, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2001.

Attorney(s) appearing for the Case

Robert H. Oakley and Andrew Mergen, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees.

Neil Levine, Earthlaw, Denver, Colorado, for the plaintiffs-appellants.

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

Argued and Submitted January 9, 2001 — Pasadena, California

BERZON, Circuit Judge:

The Defenders of Wildlife ("Defenders") appeal from an order of the district court granting summary judgment in favor of the Secretary of the Interior (the "Secretary"). The order upheld a decision by the Secretary not to designate the flat-tailed horned lizard for protection as a threatened species under the Endangered Species Act ("ESA"). 16 U.S.C. § 1531 et seq...

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