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OTAY MESA PROPERTY, L.P. v. U.S. DEPT. OF INTERIOR

No. 10-5204.

646 F.3d 914 (2011)

OTAY MESA PROPERTY, L.P., et al., Appellants, v. UNITED STATES DEPARTMENT OF the INTERIOR, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 2011.

Attorney(s) appearing for the Case

Roger J. Marzulla argued the cause for appellants. With him on the briefs was Nancie G. Marzulla .

M. Reed Hopper and Damien M. Schiff were on the brief for amicus curiae Pacific Legal Foundation in support of appellants.

Maggie B. Smith , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Ellen J. Durkee and Meredith Flax , Attorneys. Kathryn E. Kovacs , Attorney, and R. Craig Lawrence , Assistant U.S. Attorney, entered appearances.

William J. Snape, III , argued the cause for intervenor Center for Biological Diversity. With him on the brief was Jonathan C. Evans .

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

This case concerns the San Diego fairy shrimp, an aquatic animal found in southern California. The San Diego fairy shrimp is the size of an ant and has a life span of about 30 days. In 1997, the Fish and Wildlife Service listed the San Diego fairy shrimp as an endangered species under the Endangered Species Act. That Act authorizes the Fish and Wildlife Service to designate property as "critical...

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