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ARIZONA CATTLE GROWERS' v. U.S. FISH AND WILDLIFE

Nos. 99-16102, 99-16103, 00-15322 and 00-15511.

273 F.3d 1229 (2001)

ARIZONA CATTLE GROWERS' ASSOCIATION, Jeff Menges, Plaintiffs-Appellees-Cross-Appellants, v. UNITED STATES FISH AND WILDLIFE, Bureau of Land Management, Defendants-Appellants-Cross-Appellees, and Southwest Center for Biological Diversity, Defendant-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 17, 2001.

Attorney(s) appearing for the Case

M. Alice Thurston (argued), United States Department of Justice, for the defendants-appellants-cross-appellees.

Lois J. Schiffer (on brief), Assistant Attorney General, Environment and Natural Resources Division, for the defendants-appellants-cross-appellees.

Samuel D. Rauch (on brief), United States Department of Justice, for the defendants-appellants-cross-appellees.

Ellen Durkee (on brief), United States Department of Justice, for the defendants-appellants-cross-appellees.

Norman D. James (argued), Fennemore Craig, for the plaintiffs-appellees-cross-appellants.

Jay L. Shapiro (on brief), Fennemore Craig, for the plaintiffs-appellees-cross-appellants.

Geoff Hickox (on brief), Kenna & Hickox, for the defendant-intervenor-appellant.

M. Reed Hopper (on brief), Pacific Legal Foundation, for the amicus curiae.

Before: NOONAN, McKEOWN, and WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

At issue in these consolidated cross-appeals is whether the United States Fish and Wildlife Service's provision of Incidental Take Statements pursuant to the Endangered Species Act was arbitrary and capricious under Section 706 of the Administrative Procedure Act. In separate actions, the Arizona Cattle Growers' Association ("ACGA") challenged the Incidental Take Statements set forth in the Biological Opinions issued by the Fish and Wildlife...

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