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IN RE POLAR BEAR ENDANGERED SPECIES ACT LISTING

Nos. 11-5219, 11-5221, 11-5222, 11-5223.

709 F.3d 1 (2013)

In re POLAR BEAR ENDANGERED SPECIES ACT LISTING AND SECTION 4(d) RULE LITIGATION — MDL NO. 1993. Safari Club International, et al., Appellants v. Kenneth Lee Salazar, et al., Appellees Center For Biological Diversity, et al., Intervenors-Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 1, 2013.

Attorney(s) appearing for the Case

Murray D. Feldman argued the cause for appellants. With him on the briefs were Bradley E. Meyen , Assistant Attorney General, Office of the Attorney General for the State of Alaska, John J. Jackson III , Douglas S. Burdin , Anna M. Seidman , M. Reed Hopper , Theodore Hadzi-Antich , Damien S. Schiff , Marcy G. Glenn , and Christina F. Gomez.   Craig D. Galli entered an appearance.

Murray D. Feldman and Bradley E. Meyen were on the brief for appellant State of Alaska.

Steven J. Lechner was on the brief for amicus curiae Mountain States Legal Foundation in support of joint appellants.

Katherine W. Hazard , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Meredith Flax and David C. Shilton , Attorneys.

Rebecca J. Riley , Brendan Cummings , Kassia Siegel , Jason Rylander , and Howard M. Crystal were on the brief for intervenor-appellees Center for Biological Diversity, et al. Eric R. Glitzenstein and Benjamin H. Longstreth entered appearances.

Before: GARLAND, Chief Judge, BROWN, Circuit Judge, and EDWARDS, Senior Circuit Judge.

EDWARDS, Senior Circuit Judge:

In 2005, the Center for Biological Diversity petitioned the Secretary of the Interior and the Fish and Wildlife Service ("FWS" or "agency") to list the polar bear under the Endangered Species Act ("ESA" or "Act"). When a species such as the polar bear is listed as either "threatened" or "endangered" under the Act, it is then subject to a host of protective measures designed to conserve the species. After a three-year rulemaking process...

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