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KERN COUNTY FARM BUREAU v. ALLEN

No. 04-15540.

450 F.3d 1072 (2006)

KERN COUNTY FARM BUREAU; Kern County Water Agency; North Kern County Water Storage District; Coalition of Private Property Rights; Rosedale-Rio Bravo Water Storage District; Semitropic Water Storage District; Wheeler Ridge Maricopa Water Storage District; County of Kern, Plaintiffs-Appellants, v. Dave ALLEN, Regional Director of the U.S. Fish and Wildlife Service, Region 1; Steven A. Williams, Director of the U.S. Fish and Wildlife Service; Gale A. Norton, Secretary of the Interior; United States Department of the Interior; U.S. Fish and Wildlife Service, Defendants-Appellees, and Center for Biological Diversity, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2006.

Attorney(s) appearing for the Case

Robert D. Thornton, Nossaman, Guthner, Knox & Elliott, Irvine, CA, for the plaintiffs-appellants.

Matthew J. Sanders, U.S. Department of Justice, Environmental & Natural Resources Division, Washington, DC, for the defendants-appellees.

Matt Kenna, Western Environmental Law Center, Durango, CO, for the intervenor-defendant-appellee.

M. Reed Hopper, Pacific Legal Foundation, Sacramento, CA, for amicus curiae Pacific Legal Foundation.

Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

Kern County Farm Bureau, et al. ("Kern"), appeal from the district court's judgment denying their claim against the U.S. Fish & Wildlife Service ("FWS") for listing the Buena Vista Lake shrew ("the BVL shrew") as an endangered species, contending that FWS violated the Endangered Species Act ("ESA") and the Administrative Procedure Act ("APA") by failing to provide public review and comment on new studies that became available...

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