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ROCK CREEK ALLIANCE v. U.S. FISH AND WILDLIFE

No. 10-35596.

663 F.3d 439 (2011)

ROCK CREEK ALLIANCE; Cabinet Resource Group; Earthworks; Alliance for the Wild Rockies; Natural Resources Defense Council; Trout Unlimited; Idaho Council of Trout Unlimited; Pacific Rivers Council; Great Old Broads for Wilderness, Plaintiffs-Appellants, v. U.S. FISH AND WILDLIFE SERVICE, Defendant-Appellee, Revett Silver Company, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 16, 2011.

Attorney(s) appearing for the Case

Douglas L. Honnold , Timothy J. Preso (argued); Todd D. True ; Stephen D. Mashuda , Earthjustice, Bozeman, MT, for the plaintiffs-appellants.

Ignacio S. Moreno , Assistant Attorney General; Andrew C. Mergen ; Robert H. Oakley (argued), Washington, D.C., for the defendant-appellee.

Alan L. Joscelyn and KD Feeback , Gough, Shanahan, Johnson & Waterman, PPLP, Helena, MT; Robert Tuchman (argued) and Charlotte L. Neitzel , Holme, Roberts & Owen LLP, Denver, CO, for the intervenor-defendant-appellee.

Before: HARRY PREGERSON, KIM McLANE WARDLAW, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

Plaintiff-Appellant Rock Creek Alliance appeals the district court's grant of summary judgment in favor of Defendant-Appellee the U.S. Fish and Wildlife Service and Intervenor-Defendant-Appellee Revett Silver Company in an action brought pursuant to Section 7 of the Endangered Species Act, which requires federal agencies to consult with the Fish and Wildlife Service before undertaking any action "authorized, funded, or carried...

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