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CENTER FOR BIOLOGICAL DIVERSITY v. BADGLEY

No. 01-35829.

335 F.3d 1097 (2003)

CENTER FOR BIOLOGICAL DIVERSITY, a non-profit organization; Southwest Center for Biological Diversity; Biodiversity Associates; Biodiversity Legal Foundation; Blue Mountains Biodiversity Project; Carson Forest Watch; Ecology Center; Environmental Protection Information Center; Friends of Nevada Wilderness; Hells Canyon Preservation Council; Klamath Forest Alliance; Klamath Siskiyou Wildlands Center; Maricopa Audubon Society; Nw Ecosystem Alliance; Oregon Natural Resources Council; Predator Project; Sky Island Watch; T & E, Inc.; Wild Utah Forest Campaign, Plaintiffs-Appellants, v. Anne BADGLEY, Regional Director, U.S. Fish & Wildlife Service; Jamie Rappaport Clark, Director, U.S. Fish & Wildlife Service; Gale Norton, Secretary of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2003.

Attorney(s) appearing for the Case

Daniel J. Rohlf, Pacific Environmental Advocacy Center, Portland, OR, for the plaintiffs-appellants.

Susan Pacholski, United States Department of Justice, Environment and Natural Resources Division, Washington, DC, for the defendants-appellees.

Before: LAY, WALLACE, and TALLMAN, Circuit Judges.

OPINION

LAY, Circuit Judge:

The Center for Biological Diversity and eighteen other nonprofit organizations (collectively "the Center"), appeal from the district court's summary judgment in favor of the United States Fish and Wildlife Service ("FWS"). The Center claimed the Secretary of the Interior violated the Endangered Species Act ("ESA"), 16 U.S.C. §§ 1531-1544, by making an erroneous, arbitrary, and capricious determination that listing he...

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