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AMERICAN BIRD CONSERVANCY v. KEMPTHORNE

No. 07-4609.

559 F.3d 184 (2009)

AMERICAN BIRD CONSERVANCY; American Littoral Society; Citizens Campaign for the Environment; Defenders of Wildlife; Delaware Audubon Society; Delaware Riverkeeper Network; National Audubon Society; New Jersey Audubon Society; Sierra Club-Delaware Chapter; Sierra Club of New Jersey Chapter, Appellants v. Dirk KEMPTHORNE, Secretary, United States Department of the Interior; H. Dale Hall, Director, United States Fish and Wildlife Service.

United States Court of Appeals, Third Circuit.

Opinion Filed: March 11, 2009.

Attorney(s) appearing for the Case

Julia A. LeMense, Esq., (Argued), Eastern Environmental Law Center, Newark, NJ, for Appellants.

Charles R. Scott, Esq., (Argued), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Appellees.

Before: SLOVITER, BARRY, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

BARRY, Circuit Judge.

In July and August 2005, appellants, a number of conservation groups,1 petitioned the U.S. Fish and Wildlife Service ("FWS") to list as endangered on an emergency basis the red knot, a species of migratory shorebird. The FWS declined to undertake emergency rulemaking by letter of December 22, 2005, but continued to review the petition in the context of a non-emergency. On June 13, 2006...

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