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CENTER FOR BIOLOGICAL DIVERSITY v. SALAZAR

No. 10-35123.

695 F.3d 893 (2012)

CENTER FOR BIOLOGICAL DIVERSITY; Pacific Environment, Plaintiffs-Appellants, v. Kenneth Lee SALAZAR, Secretary of the Interior; U.S. Fish and Wildlife Service, Defendants-Appellees, Alaska Oil and Gas Association, Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2012.

Attorney(s) appearing for the Case

Rebecca Noblin , Center For Biological Diversity, Anchorage, AK, Kassia Rhoades Siegel , Center For Biological Diversity, Joshua Tree, CA, for the appellants.

Dean Keith Dunsmore , Environment & Natural Resources, Anchorage, AK, Kristen L. Gustafson , David C. Shilton , United States Department of Justice, Washington, D.C., for the appellees.

Jeffrey Wayne Leppo , Ryan P. Steen , Jason T. Morgan , Stoel Rives, LLP, Seattle, Washington, for the intervenor-appellee.

Before: ALFRED T. GOODWIN, WILLIAM A. FLETCHER, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

This case involves U.S. Fish and Wildlife Service ("Service") regulations under Section 101(a)(5)(A) of the Marine Mammal Protection Act ("MMPA") that authorize incidental take of polar bears and Pacific walruses resulting from oil and gas exploration activities in the Chukchi Sea and on the adjacent coast of Alaska. The Center for Biological Diversity and Pacific Environment (collectively "Plaintiffs") brought suit challenging...

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