No. 22-15809.

87 F.4th 980 (2023)

CENTER FOR BIOLOGICAL DIVERSITY; Maricopa Audubon Society; Sierra Club, Grand Canyon Chapter, Plaintiffs-Appellants, v. Debra HAALAND, in her official capacity as Secretary of the Interior; United States Fish and Wildlife Service; Martha Williams, in her official capacity as the Director of FWS; Amy Lueders, in her official capacity as Regional Director of the FWS Southwest Region; Lloyd J. Austin III, in his official capacity as Secretary of Defense; Christine E. Wormuth, in her official capacity as Secretary of the Army; Anthony R. Hale, in his official capacity as the Senior Commander of Fort Huachuca, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2023.

Attorney(s) appearing for the Case

Stuart Gillespie (argued), Heidi McIntosh , and Thomas Delehanty , Earthjustice, Denver, Colorado, for Plaintiffs-Appellants.

John E. Bies (argued), Andrew C. Mergen , and Rachel Heron , Attorneys; Todd Kim , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Benhamin Hillner and Mark Holycross , Attorneys, United States Department of the Army, Washington, D.C.; Kim Bannerman , Attorney, Fish and Wildlife Service, United States Department of the Interior, Albuquerque, New Mexico; for Defendants-Appellees.

Partial Concurrence by Judge Collins


Water is a vital resource for humans and wildlife alike. At Fort Huachuca in Arizona, the U.S. Army pumps and uses water from the San Pedro River Basin. But that basin also houses several plant and animal species protected under the Endangered Species Act (ESA), 16 U.S.C. §§ 1531-44. To compensate...

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