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CENTER FOR BIOLOGICAL DIVERSITY v. HAALAND

No. 19-35981.

998 F.3d 1061 (2021)

CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff-Appellant, v. Deb HAALAND, in her official capacity as Secretary, U.S. Department of the Interior; Martha Williams, in her official capacity as Acting Director, U.S. Fish and Wildlife Service; United States Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2021.

Attorney(s) appearing for the Case

Emily Jeffers (argued) and Kristen Monsell , Center for Biological Diversity, Oakland, California, for Plaintiff-Appellant.

Katelin Shugart-Schmidt (argued) and Avi Kupper , Attorneys; Eric Grant , Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Katherine Anne Meyer , Harvard Law School Law & Policy Clinic, Cambridge, Massachusetts, for Amici Curiae Scientific Experts Brendan Kelly, Don Perovich, Eric Post, Timothy Ragen, Carleton Ray, and Mark Serreze.

Ryan P. Steen , Jason T. Morgan , and James C. Feldman , Stoel Rives LLP, Seattle, Washington, for Amici Curiae Alaska Oil and Gas Association and American Petroleum Institute.

Tyson C. Kade , Van Ness Feldman LLP, Washington, D.C.; Rachael L. Lipinski , Van Ness Feldman LLP, Seattle, Washington; for Amicus Curiae North Slope Borough.

Before: Andrew D. Hurwitz and Daniel A. Bress, Circuit Judges, and Clifton L. Corker, District Judge.

OPINION

Before us is a challenge to a decision of the United States Fish and Wildlife Service ("Service") reversing its previous decision that the Pacific walrus qualified for listing as an endangered or threatened species under the Endangered Species Act of 1973 ("ESA"). We find that the Service did not sufficiently...

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