TROUT UNLIMITED; American Rivers; Pacific Rivers Council Wild Steelhead Coalition; Native Fish Society; Sierra Club, Plaintiffs-Appellees,
v.
D. Robert LOHN, in his official capacity as Regional Administrator of National Marine Fisheries Service Northwest Regional Office; National Marine Fisheries Service, Defendants-cross-claimants-Appellees,
Building Industry Association of Washington; Washington State Farm Bureau; Coalition for Idaho Water; Idaho Water Users Association, Defendant-intervenors-Appellants.
Trout Unlimited; American Rivers; Pacific Rivers Council Wild Steelhead Coalition; Native Fish Society; Sierra Club, Plaintiffs-Appellees,
v.
Building Industry Association of Washington; Washington State Farm Bureau; Coalition for Idaho Water; Idaho Water Users Association, Intervenors,
D. Robert Lohn, in his official capacity as Regional Administrator of National Marine Fisheries Service Northwest Regional Office; National Marine Fisheries Service, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 20, 2008.
Filed March 16, 2009.
Attorney(s) appearing for the Case
Damien M. Schiff, Pacific Legal Foundation, Sacramento, CA, argued the cause for the defendant-intervenors-appellants. Brian T. Hodges and Sonya D. Jones, Pacific Legal Foundation, Bellevue, WA, and James S. Burling, Pacific Legal Foundation, Sacramento, CA, filed the briefs.
Patti Goldman, Earthjustice, Seattle, WA, argued the cause for the plaintiffs-appellees and filed the brief. Jan Hasselman, Earthjustice, Seattle, WA, was on the brief.
Ellen J. Durkee and David C. Shilton, Environmental & Natural Resources Division, U.S. Department of Justice, argued the cause for the defendants-appellees-appellants and filed the briefs. Michael Bancroft and Chris McNulty, NOAA Office of General Counsel, Seattle, WA, and Ronald J. Tenpas, Assistant Attorney General, and Lisa Russell, U.S. Department of Justice, were on the brief.
James L. Buchal, Murphy & Buchal LLP, Portland, OR, filed a brief of Amicus Curiae Fishery Scientists.
Before: DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, and ANDREW J. KLEINFELD, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
O'SCANNLAIN, Circuit Judge:
We must decide whether the National Marine Fisheries Service may distinguish between natural and hatchery-spawned salmon and steelhead when determining the level of protection the fish should be afforded under the Endangered Species Act.
I
A
Pacific Coast salmon are anadromous fish, meaning that they can survive both in saltwater and in freshwater. The salmon hatch out...
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