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CENTER FOR BIOLOGICAL DIVERSITY v. KEMPTHORNE

No. 04-16563.

466 F.3d 1098 (2006)

CENTER FOR BIOLOGICAL DIVERSITY; PACIFIC RIVERS COUNCIL, Plaintiffs-Appellants, v. DIRK KEMPTHORNE, Secretary of the Interior; STEVEN WILLIAMS, Director of the United States Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated May 22, 2006.

Resubmitted October 18, 2006.

Filed October 18, 2006.

Attorney(s) appearing for the Case

Michael R. Sherwood (argued) and Susan Britton (signed the briefs), Earthjustice, Oakland, California, for the plaintiffs-appellants.

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

Before: Pamela Ann Rymer and Kim McLane Wardlaw, Circuit Judges, and William Alsup, District Judge.

Resubmitted October 18, 2006, San Francisco, California.

Opinion by Judge Rymer.

OPINION

RYMER, Circuit Judge:

The Center for Biological Diversity and the Pacific Rivers Council (collectively, the Center) appeal the district court's summary judgment in favor of the Secretary of the Interior,1 and the Director of the U.S. Fish and Wildlife Service (collectively, the Service) in this suit under the Endangered Species...

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