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BIODIVERSITY LEGAL FOUNDATION v. BADGLEY

Nos. 00-35076, 00-35089.

309 F.3d 1166 (2002)

BIODIVERSITY LEGAL FOUNDATION; Montana Native Plant Society-Flathead Chapter; Washington Native Plant Society-Northeast Chapter; Peter Lesica, an individual; Southwest Center for Biological Diversity; Bonnie Dombrowski, an individual; Maricopa Audubon Society; Huachuca Audubon Society; Utah Environmental Congress; Oregon Natural Desert Association; Oregon Trout; Native Fish Society; Oregon Chapter of Trout Unlimited, Plaintiffs-Appellants-Cross-Appellees, v. Anne BADGLEY, Regional Director of the U.S. Fish & Wildlife Service, Region 1; Jamie Rappaport-Clark; Gale A. Norton, Secretary, Department of Interior, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 4, 2002.

Attorney(s) appearing for the Case

Daniel J. Rohlf, and Stephanie M. Parent, Pacific Northwest Environmental Advocacy Center, Seattle, WA, for the plaintiffs-appellants.

M. Alice Thurston, United States Department of Justice, Washington, D.C., for the defendants-appellees.

James B. Dougherty, Washington, D.C., for the amicus curiae.

Before T.G. NELSON, GRABER and RAWLINSON, Circuit Judges.

ORDER

The opinion filed on March 21, 2002, slip op. 4661, and appearing at 284 F.3d 1046, is withdrawn and replaced with the attached opinion.

OPINION

RAWLINSON, Circuit Judge:

Biodiversity Legal Foundation, several environmental groups, and individuals ("Appellants") appeal the district court's partial grant of summary judgment in favor of Appellees, the Department of Interior and the United States Fish...

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