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CENTER FOR BIOLOGICAL DIVERSITY v. ZINKE

No. 16-35866.

900 F.3d 1053 (2018)

CENTER FOR BIOLOGICAL DIVERSITY; Western Watersheds Project; George Wuerthner; Pat Munday, Plaintiffs-Appellants, v. Ryan K. ZINKE, Secretary, U.S. Department of the Interior, in his official capacity; Dan Ashe, Director, U.S. Fish and Wildlife Service, in his official capacity; U.S. Fish & Wildlife Service, Defendants-Appellees, and State Of Montana; Montana Department Of Fish, Wildlife And Parks, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2018.

Attorney(s) appearing for the Case

Jenny K. Harbine (argued), Aurora R. Janke , and Timothy J. Preso , Earthjustice, Bozeman, Montana, for Plaintiffs-Appellants.

Thekla Hansen-Young (argued), Nicole M. Smith , Allen M. Brabender , and Andrew C. Mergen , Attorneys; Jeffrey H. Wood , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Kate Williams-Shuck , Office of the Solicitor, United States Department of the Interior, Denver, Colorado; for Defendants-Appellees.

William A. Schenk (argued) and Zachary C. Zipfel , Special Assistant Attorneys General, Montana Department of Fish, Wildlife and Parks, Helena, Montana; Jeremiah Weiner , Assistant Attorney General, Office of the Attorney General, Helena, Montana; for Intervenor-Defendants-Appellees.

Deborah A. Sivas , Alicia Thesing , and Isaac Cheng , Environmental Law Clinic, Mills Legal Clinic, Stanford, California, for Amici Curiae Law Professors and Scientists.

Before: Raymond C. Fisher, Ronald M. Gould, and Richard A. Paez, Circuit Judges.

OPINION

This Endangered Species Act ("ESA") case concerns the Upper Missouri River Valley Distinct Population Segment of Arctic Grayling ("arctic grayling"), a cold-water fish in the Salmonidae family. Before us is a challenge to the Fish and Wildlife Service ("FWS")'s decision not to list the arctic grayling as an...

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