WILDEARTH GUARDIANS v. U.S. DEPT. OF AGRICULTURE

No. 13-16071.

795 F.3d 1148 (2015)

WILDEARTH GUARDIANS, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 3, 2015.


Attorney(s) appearing for the Case

Ashley D. Wilmes (argued), WildEarth Guardians, Louisville, CO, for Plaintiff-Appellant.

Robert G. Dreher , Acting Assistant Attorney General; Emily A. Polachek (argued), Andrew C. Mergen , J. David Gunter II , and Brian Collins , United States Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Annalisa Jabaily, and Lauren Axley, United States Department of Agriculture, Office of General Counsel, Washington, D.C., for Respondent-Appellee.

Rebecca J. Riley , Natural Resources Defense Council, Chicago, IL, for Amici Curiae Natural Resources Defense Council, Defenders of Wildlife, Predator Defense, TrailSafe Nevada, Northeast Oregon Ecosystems, Center for Biological Diversity, Southwest Environmental Center, Friends of Animals, Mark E. Smith Foundation, Western Watersheds Project, and Boulder-White Clouds Council.

Thomas M. Gremillion and Hope M. Babcock , Institute for Public Representation, Washington, D.C., for Amici Curiae Professors of Environmental Law.

Before: M. MARGARET McKEOWN, MARY H. MURGUIA, and MICHELLE T. FRIEDLAND, Circuit Judges.


OPINION

Environmental organization WildEarth Guardians sued to enjoin the federal government's participation in the killing of predatory animals in Nevada. WildEarth alleged that the program's continued reliance on a decades-old programmatic environmental impact statement ("PEIS") causes the government to use...

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