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NATIONAL ASS'N OF HOME BUILDERS v. NORTON

No. 02-15212.

325 F.3d 1165 (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 April 11, 2003.

Attorney(s) appearing for the Case

Norman D. James, Fennemore Craig, Phoenix, AZ, 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 NOONAN, TASHIMA, and WARDLAW, Circuit Judges.

ORDER

In this action, plaintiffs challenged the actions of the Secretary of the Interior, acting through the Fish and Wildlife Service ("FWS"), (1) listing the distinct population segment ("DPS") of the cactus ferruginous pygmy owl in southern Arizona as an endangered species, pursuant to the Endangered Species Act ("ESA"), 16 U.S.C. § 1531, et seq., and (2) designating the critical habitat for the pygmy owl DPS,

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