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SPIRIT OF THE SAGE COUNCIL v. NORTON

Nos. 03-5345, 04-5262, 04-5263, 04-5264.

411 F.3d 225 (2005)

SPIRIT OF THE SAGE COUNCIL, et al., Appellees v. Gale A. NORTON, Secretary, U.S. Department of the Interior, et al., Appellees Coalition for Habitat Conservation, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 2005.

Attorney(s) appearing for the Case

Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for federal appellants. With him on the briefs was Andrew C. Mergen, Attorney.

Robert D. Thornton argued the cause for intervenors. With him on the briefs were John J. Flynn, III, Steven P. Quarles, J. Michael Klise, and Thomas R. Lundquist, Benjamin S. Sharp, Guy R. Martin, and Donald C. Baur.

Eric R. Glitzenstein argued the cause for appellees The Humane Society of the United States, et al. With him on the brief was Katherine A. Meyer.

Before: GINSBURG, Chief Judge, and SENTELLE and HENDERSON, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

The Spirit of the Sage Council, et al., sued the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), challenging the Services' jointly-issued "No Surprises Rule" on both substantive and procedural grounds. When the FWS subsequently promulgated the closely related "Permit Revocation Rule," the Council amended its complaint to contest that Rule as well....

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