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CENTER FOR BIOLOGICAL v. BLM

No. 14-15836.

833 F.3d 1136 (2016)

CENTER FOR BIOLOGICAL DIVERSITY; Sierra Club; Public Employees for Environmental Responsibility; Desert Survivors, Plaintiffs-Appellants, v. BUREAU OF LAND MANAGEMENT; U.S. Fish & Wildlife Service, Defendants-Appellees, and Blueribbon Coalition; California Association of 4 Wheel Drive Clubs; San Diego Off Road Coalition; Desert Vipers Motorcycle Club; High Desert Multiple Use Coalition; American Motorcycle Association, District 37; Off-Road Business Association; California Off-Road Vehicle Association; American Sand Association, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2016.

Attorney(s) appearing for the Case

Brendan R. Cummings (argued), Center for Biological Diversity, Joshua Tree, California; Sarah Uhlemann , Center for Biological Diversity, Seattle, Washington; for Plaintiffs-Appellants.

Brian C. Toth (argued), Norman L. Rave, Jr. , and Kevin W. McArdle , Attorneys; Sam Hirsch , Acting Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Cheryll Dobson and Erica Niebauer , United States Department of the Interior, Office of the Solicitor; for Defendants-Appellees.

David P. Hubbard (argued), Gatzke Dillon & Ballance LLP, Carlsbad, California; Paul A. Turcke (argued), Moore Smith Buxton & Turcke, Boise, Idaho; Dennis L. Porter , Sacramento, California; for Intervenors-Defendants-Appellees.

Before: Diarmuid F. O'Scannlain, Richard R. Clifton, and N. Randy Smith, Circuit Judges.

OPINION

We must decide whether the United States Fish and Wildlife Service, in reviewing the Bureau of Land Management's proposal to expand access for off-road vehicle recreation in the Imperial Sand Dunes Special Recreation Management Area, has complied with the requirements of the Endangered Species Act.<...

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