HOME BUILDERS ASS'N OF NORTHERN CAL. v. U.S. FWS

No. 07-16732.

616 F.3d 983 (2010)

HOME BUILDERS ASSOCIATION OF NORTHERN CALIFORNIA; Building Industry Legal Defense Foundation; California Building Industry Association; California State Grange; Greenhorn Grange, Plaintiffs-Appellants, v. UNITED STATES FISH AND WILDLIFE SERVICE; United States Department of the Interior; Gale A. Norton, in her official capacity as Secretary of Interior; H. Dale Hall, in his official capacity as Director of U.S. Fish and Wildlife Service; Matthew J. Hogan, in his official capacity as Acting Director of U.S. Fish and Wildlife Service, Defendants-Appellees, Butte Environmental Counsel; California Native Plant Society; Defenders of Wildlife, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2010.


Attorney(s) appearing for the Case

M. Reed Hopper , Meriem L. Hubbard and Damien M. Schiff (argued), Pacific Legal Foundation, Sacramento, CA, for the plaintiffs-appellants.

Ronald J. Tenpas , Andrew Mergen , Kevin W. McArdle and Robert H. Oakley (argued), U.S. Department of Justice, Washington, D.C., for the defendants-appellees.

Brian P. Segee , Defenders of Wildlife, Washington, D.C., and Neil Levine , Denver, CO, for the defendant-intervenors-appellees.

Before: PAMELA ANN RYMER and RAYMOND C. FISHER, Circuit Judges, and REBECCA R. PALLMEYER, District Judge.


OPINION

PALLMEYER, District Judge:

Home Builders Association of Northern California1 and other industry groups (collectively "Home Builders") challenge the designation by the U.S. Fish and Wildlife Service ("FWS") of about 850,000 acres of land as critical habitat for fifteen endangered or threatened vernal pool species. In the district court, Butte Environmental Council and other...

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