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FRIENDS OF ANIMALS v. US FISH & WILDLIFE SERVICE

No. 21-35062.

28 F.4th 19 (2022)

FRIENDS OF ANIMALS, Plaintiff-Appellant, v. UNITED STATES FISH AND WILDLIFE SERVICE, an agency of the United States; Martha Williams, in her official capacity as the Director of the United States Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2022.

Attorney(s) appearing for the Case

Jennifer Best (argued) and Michael Ray Harris , Friends of Animals, Centennial, Colorado, for Plaintiff-Appellant.

Andrew M. Bernie (argued), Andrew C. Mergen , Ellen J. Durkee , and Coby Howell , Attorneys; Jean E. Williams , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Lydia Grimm , Office of the Regional Solicitor, Department of the Interior, Washington, D.C.; for Defendants-Appellees.

Before: Johnnie B. Rawlinson and Kenneth K. Lee, Circuit Judges, and Matthew F. Kennelly, District Judge.

OPINION

This case is a tale of two owls. For the northern spotted owl, it has been the worst of times: It remains a threatened species, and its population continues to dwindle in the Pacific Northwest and Northern California. But it has been the best of times for the barred owl: Its abundant population burgeoning, the...

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