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FRIENDS OF BLACKWATER v. SALAZAR

No. 11-5128.

691 F.3d 428 (2012)

FRIENDS OF BLACKWATER, et al., Appellees v. Kenneth Lee SALAZAR, Secretary, U.S. Department of the Interior, and Daniel M. Ashe, Director, U.S. Fish and Wildlife Service, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 17, 2012.

Attorney(s) appearing for the Case

Robert J. Lundman , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Ellen J. Durkee and Matthew Littleton , Attorneys.

M. Reed Hopper was on the brief for amicus curiae Pacific Legal Foundation in support of appellant.

Jessica Almy argued the cause for appellees. With her on the brief were Eric R. Glitzenstein and Howard M. Crystal.

Dissenting opinion filed by Circuit Judge ROGERS.

GINSBURG, Senior Circuit Judge:

The Secretary of the Interior appeals the district court's grant of summary judgment to the Friends of Blackwater et al. The district court held the Fish and Wildlife Service, an agency in the Department of the Interior, violated the Endangered Species Act by removing the West Virginia Northern Flying Squirrel from the list of endangered species when several criteria in the agency's Recovery Plan for the species had not been satisfied...

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