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NATIONAL ASS'N OF HOME BUILDERS v. NORTON

No. 02-15212.

340 F.3d 835 (2003)

NATIONAL ASSOCIATION OF HOME BUILDERS; Southern Arizona Home Builders Association; Home Builders Association of Central Arizona, Plaintiffs-Appellants, Defenders of Wildlife; Southwest Center for Biodiversity; Friends of the Owls; Peter Galvin, Intervenors-Appellees, v. Gale A. NORTON; Jamie Rappaport Clark; Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2003.

Attorney(s) appearing for the Case

Norman D. James, Fennemore Craig, Phoenix, Arizona, for the plaintiffs-appellants.

Jeffrey R. Keohane, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees.

Michael P. Senatore, Defenders of Wildlife, Washington, D.C., for the intervenors-appellees.

Before: John T. Noonan, A. Wallace Tashima, and Kim McLane Wardlaw, Circuit Judges.

Argued and Submitted March 10, 2003 — San Francisco, California.

OPINION

TASHIMA, Circuit Judge.

The National Association of Home Builders, the Southern Arizona Home Builders Association, and the Home Builders Association of Central Arizona (collectively, "Home Builders") appeal the district court's decision upholding the designation of a population of cactus ferruginous pygmy-owls in Arizona as a distinct population segment ("DPS") pursuant...

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