COOS COUNTY BOARD OF COUNTY COMMISSIONERS, Plaintiff-Appellant,
v.
Dirk KEMPTHORNE, in his official capacity as Secretary of the Interior; United States Fish & Wildlife Service; H. Dale Hall, in his official capacity as Director, United States Fish and Wildlife Services, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 5, 2008.
Filed June 26, 2008.
Attorney(s) appearing for the Case
Ralph Kasarda (argued), J. David Breemer, M. Reed Hopper, and Scott Andrew Shepard, of the Pacific Legal Foundation, for plaintiff-appellant Coos County Board of County Commissioners.
Ellen J. Durkee (argued), Courtney Taylor, and Lisa Jones, Environment & Natural Resources Division, U.S. Department of Justice, Sue Ellen Wooldridge, Assistant Attorney General, and Benjamin C. Jessup and Eric Nagle, Office of the Solicitor, U.S. Department of the Interior, for defendants-appellees Dirk Kempthorne, Secretary of the Interior, United States Fish and Wildlife Service, and H. Dale Hall, Director, United States Fish and Wildlife Service.
Before: FERDINAND F. FERNANDEZ and MARSHA S. BERZON, Circuit Judges, and OTIS D. WRIGHT II, District Judge.
United States Court of Appeals, Ninth Circuit.
BERZON, Circuit Judge:
We are asked to decide whether the Fish and Wildlife Service ("FWS")1 has an enforceable duty promptly to withdraw a threatened species from the protections of the Endangered Species Act (the "ESA" or the "Act"), 16 U.S.C. §§ 1531-1544, after a five-year agency review mandated by the Act found that the species does not fit into one of the several types of population categories protected under the ESA. We...
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