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FOREST GUARDIANS v. FORSGREN

No. 05-2181.

478 F.3d 1149 (2007)

FOREST GUARDIANS, a nonprofit corporation; Sinapu, a nonprofit corporation; Center for Native Ecosystems, a nonprofit corporation; Animal Protection of New Mexico, a nonprofit corporation; Animal Protection Institute, a nonprofit corporation; and Carson Forest Watch, a nonprofit corporation, Plaintiffs-Appellants, v. Harv FORSGREN, Regional Forester, U.S. Forest Service Region 3; United States Forest Service, a Federal Agency; Ann M. Veneman, Secretary of the United States Department of Agriculture; United States Department of Agriculture, a Federal Department; Gale Norton, Secretary of United States Department of Interior; United States Department of the Interior, a Federal Department; Steven Williams, Director, United States Fish and Wildlife Service; United States Fish and Wildlife Service, a Federal Agency; H. Dale Hall, Director, United States Fish and Wildlife Service, Region 2, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 23, 2007.

Attorney(s) appearing for the Case

Matthew K. Bishop, Western Environmental Law Center, Taos, NM, for Plaintiffs-Appellants.

Mark R. Haag, Attorney (Kelly A. Johnson, Assistant Attorney General; James C. Kilbourne, Attorney) Environmental & Natural Resources Division, Department of Justice, Washington, D.C., for Defendants-Appellees.

Before MURPHY, BALDOCK, and McCONNELL, Circuit Judges.

BALDOCK, Circuit Judge.

The United States Fish and Wildlife Service (FWS) has listed a "distinct population segment" (DPS) of Canada Lynx as "threatened" under the Endangered Species Act (ESA), 16 U.S.C. §§ 1531-44. See Determination of Threatened Status for the Contiguous U.S. Distinct Population Segment of the Canada Lynx and Related Rule, 65 Fed.Reg. 16052 (March 24, 2000) (Final Rule), clarified by Notice of Remanded Determination of Status...

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