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SIERRA CLUB v. U.S. FISH AND WILDLIFE SERVICE

No. 00-30117.

245 F.3d 434 (2001)

SIERRA CLUB, Plaintiff-Appellant, v. U.S. FISH AND WILDLIFE SERVICE; National Marine Fisheries Service, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 15, 2001.

Attorney(s) appearing for the Case

Robert Baxter Wiygul (argued), EarthJustice Legal Defense Fund, Denver, CO, for Plaintiff-Appellant.

David C. Shilton (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for Defendants-Appellees.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case requires us to assess the validity of agency action under the Endangered Species Act (ESA).1 Appellant challenges the refusal of the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) to designate "critical habitat" for the Gulf sturgeon. Appellant contends that this decision relied on an invalid regulation and is therefore arbitrary and capricious. We...

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