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STAVRIANOUDAKIS v. U.S. FISH AND WILDLIFE SERVICE

No. 22-16788.

108 F.4th 1128 (2024)

Peter STAVRIANOUDAKIS; Katherine Stavrianoudakis; Scott Timmons; Eric Ariyoshi; American Falconry Conservancy, Plaintiffs-Appellants, v. UNITED STATES FISH AND WILDLIFE SERVICE; Charlton H. Bonham, in his official capacity as Director of California Department of Fish and Wildlife; Jim Kurth, in his official capacity as Deputy Director Exercising the Authority of the Director of California Department of Fish and Wildlife; Martha Williams, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2024.

Attorney(s) appearing for the Case

Daniel T. Woislaw (argued), Pacific Legal Foundation, Arlington, Virginia; James M. Manley, Pacific Legal Foundation, Phoenix, Arizona; Lawrence G. Salzman, Pacific Legal Foundation, Sacramento, California; for Plaintiffs-Appellants.

John D. Butterfield (argued), Deputy Assistant Attorney General; Nhu Q. Nguyen and Courtney S. Covington, Deputy Attorneys General; Russell B. Hildreth, Supervising Deputy Attorney General; Robert W. Byrne, Senior Assistant Attorney General; Rob Bonta, Attorney General of California; Office of the California Attorney General, Sacramento, California; Michael T. Gray (argued) and Daniel Halainen, United States Department of Justice, Environment & Natural Resources Division, Todd Kim Assistant Attorney General; United States Department of Justice, Washington, D.C.; Philip Kline, United States Department of the Interior, Washington, D.C.; Brodie M. Butland, Assistant United States Attorney, Office of the United States Attorney, Fresno, California; for Defendants-Appellees.

Partial Concurrence and Partial Dissent by Judge S.R. Thomas

OPINION

The question presented is whether individual falconers and the American Falcon Conservancy (AFC) have standing to challenge the constitutionality of the California Department of Fish and Wildlife's (CDFW) and United States Fish and Wildlife Service's (FWS) regulations authorizing unannounced, warrantless...

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