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MODESTO IRR. DIST. v. GUTIERREZ

No. 09-15214.

619 F.3d 1024 (2010)

MODESTO IRRIGATION DISTRICT; Turlock Irrigation District; Merced Irrigation District; Oakdale Irrigation District; South San Joaquin Irrigation District; Stockton East Water District, Plaintiffs-Appellants, v. Carlos M. GUTIERREZ, in his official capacity as Secretary of Commerce; D. Robert Lohn, in his official capacity as Regional Administrator of the Northwest Region of NMFS; National Oceanic and Atmospheric Administration, a federal agency; Conrad C. Lautenbacher, Jr., in his official capacity as Administrator of National Oceanic and Atmospheric Administration; William T. Hogarth, in his official capacity as Assistant Administrator for Fisheries of NMFS; National Marine Fisheries Services, a federal agency within the Commerce Department; Rodney McInnis, in his official capacity as Regional Administrator of the Southwest Region of NMFS, Defendants-Appellees, and Center for Biological Diversity; Delta Fly Fishers; Federation of Fly Fishers; Northern California Council of Federation of Fly Fishers; Trout Unlimited, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2010.

Attorney(s) appearing for the Case

Tim O'Laughlin , Chico, CA, for plaintiffs-appellants, Modesto Irrigation District, et al.

Anna T. Katselas , Department of Justice, Washington, D.C., for defendants-appellees, Gary F. Locke, Secretary of Commerce, et al.

Stephen D. Mashuda , Seattle, WA, for the intervenor.

Before: MARY M. SCHROEDER and CONSUELO M. CALLAHAN, Circuit Judges, and BARBARA M. LYNN, District Judge.

OPINION

SCHROEDER, Circuit Judge:

This Endangered Species Act ("ESA") case is a challenge to the decision of the National Marine Fisheries Service ("NMFS") to list the steelhead, a type of Pacific salmon, as a threatened species in California's Central Valley. In listing the steelhead, NMFS defined it as a distinct species under the ESA, separate from rainbow trout, another type of Pacific salmon that breeds with and looks like the steelhead. The separate...

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