TUCSON HERPETOLOGICAL SOC. v. SALAZAR

No. 07-16641.

566 F.3d 870 (2009)

TUCSON HERPETOLOGICAL SOCIETY; Defenders of Wildlife; Center for Biological Diversity; Horned Lizard Conservation Society; Sierra Club; Wendy Hodges; Francis Allan Muth, Plaintiffs-Appellants, v. Ken SALAZAR, in his official capacity as Secretary of the Interior; Rowan W. Gould, in his official capacity as Acting Director of the U.S. Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 18, 2009.


Attorney(s) appearing for the Case

Neil Levine, Denver, CO, William J. Snape, III, Washington, DC, for plaintiffs-appellants.

Sambhav N. Sankar, Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC, for defendants-appellees.

Before: JOHN T. NOONAN, A. WALLACE TASHIMA, and WILLIAM A. FLETCHER, Circuit Judges.


TASHIMA, Circuit Judge:

Conservation organizations and individual biologists (collectively "Plaintiffs") contend that the Secretary of the Interior's (the "Secretary") decision to withdraw a rule proposing that the flat-tailed horned lizard (the "lizard") be listed as a threatened species is contrary to the requirements of the Endangered Species Act ("ESA" or the "Act"), 16 U.S.C. § 1531 et seq., and the Administrative Procedure Act ("APA"), 5 U.S.C. ...

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