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SIERRA CLUB, INC. v. U.S. FISH AND WILDLIFE SERV.

No. 17-16560.

994 F.3d 1152 (2021)

SIERRA CLUB, INC., Plaintiff-Appellee, v. UNITED STATES FISH AND WILDLIFE SERVICE; National Marine Fisheries Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2021.

Attorney(s) appearing for the Case

Thomas Pulham and H. Thomas Byron III , Appellate Staff, Civil Division; David L. Anderson , United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.

Reed W. Super and Michael DiGiulio , Super Law Group LLC, New York, New York, for Plaintiff-Appellee.

Shaun A. Goho , Emmett Environmental Law & Policy Clinic, Harvard Law School, Cambridge, Massachusetts, for Amicus Curiae Union of Concerned Scientists.

Before: J. Clifford Wallace and Marsha S. Berzon, Circuit Judges, and Terrence Berg, District Judge.

ORDER

The previous Judgment in this case has been reversed, and the case has been remanded to this Court for further proceedings. U.S. Fish & Wildlife Serv. v. Sierra Club, Inc., 592 U. S. ___, 141 S.Ct. 777, ___ L.Ed.2d ___ (2021).

This Court had affirmed the District Court's decision allowing release under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, of the December 2013 draft jeopardy biological opinions (NMFS 44516.1 and FWS...

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