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CENTER FOR BIOLOGICAL DIVERSITY v. LOHN

No. 05-35638.

483 F.3d 984 (2007)

CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff-Appellant, v. Robert LOHN, Northwest Regional Administrator of National Marine Fisheries Service; Carlos M. Gutierrez, Secretary of Commerce, U.S. Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2007.

Attorney(s) appearing for the Case

Brent Plater, Center for Biological Diversity, San Francisco, CA, argued the cause for the plaintiff-appellant, and filed briefs.

M. Alice Thurston, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, argued the cause for the defendants-appellees; Sue Ellen Woolridge, Assistant Attorney General, Keith Rizzardi and David Shilton, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, Melanie J. Rowland, Office of the General Counsel, National Oceanic and Atmospheric Administration, Seattle, WA, and Benjamin C. Jesup, Office of the Solicitor, U.S. Department of the Interior, Washington, DC, were on the brief.

Before ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and RAYMOND C. FISHER, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge.

We are asked to decide whether the federal government's policy for listing killer whales under the Endangered Species Act is invalid.

I

The Center for Biological Diversity ("Center"), along with eleven co-petitioners not parties to this appeal, petitioned the National Marine Fisheries Service ("Service") to list the Southern Resident killer whale ("Southern Resident") as an endangered species under the...

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