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MAINE v. DIRECTOR, U.S. FISH AND WILDLIFE SERVICE

No. 01-1770

262 F.3d 13 (2001)

State of MAINE, et al., Plaintiffs, Appellees, v. DIRECTOR, UNITED STATES FISH AND WILDLIFE SERVICE, et al., Defendants, Defenders of Wildlife, et al., Movants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 24, 2001.

Attorney(s) appearing for the Case

Howard M. Crystal with whom Eric R. Glitzenstein and Meyer and Glitzenstein were on brief for appellants.

Catherine R. Connors with whom Peter W. Culley and Pierce Atwood were on brief for appellees.

Before BOUDIN, Chief Judge, JOHN R. Gibson, Senior Circuit Judge, and Lynch, Circuit Judge.

LYNCH, Circuit Judge.

In November, 2000 the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (collectively, "the Services") issued a final decision designating Atlantic Salmon in an area comprised of seven Maine rivers to be an endangered species under the Endangered Species Act. 16 U.S.C. §§ 1531-1544 (1994 & Supp. IV 1998). Several weeks later, the State of Maine and business group plaintiffs sued to have the decision set aside...

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