CENTER FOR BIOLOGICAL DIVERSITY v. ZINKE

No. 14-17513.

868 F.3d 1054 (2017)

CENTER FOR BIOLOGICAL DIVERSITY; Maricopa Audubon Society, Plaintiffs-Appellants, v. Ryan ZINKE, in his official capacity as Secretary of the U.S. Dept. of the Interior; Greg Sheehan, in his official capacity as Acting Director, U.S. Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2017.


Attorney(s) appearing for the Case

Daniel J. Rohlf (argued), Earthrise Law Center, Portland, Oregon; Justin Augustine , Center for Biological Diversity, Oakland, California; for Plaintiffs-Appellants.

Mark R. Haag (argued), David C. Shilton , H. Hubert Yang , and Kristen L. Gustafson , Attorneys; John C. Cruden , Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Frank Lupo , Office of the Solicitor, Southwest Region, United States Department of the Interior, Albuquerque, New Mexico; for Defendants-Appellees.

Before: William A. Fletcher and Johnnie B. Rawlinson, Circuit Judges, and Robert W. Pratt, District Judge.


OPINION

Plaintiffs-Appellants Center for Biological Diversity and Maricopa Audubon Society (collectively "CBD") challenge the determination of the U.S. Fish and Wildlife Service ("FWS") that the Sonoran Desert Area bald eagle ("desert eagle") is not a distinct population segment ("DPS") eligible for listing...

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