United States Ninth Circuit

Denial of a claim against the U.S. Fish and Wildlife Service (FWS) for listing a type of shrew as an endangered species alleging violation of the Endangered Species Act (ESA) and the Administrative Procedure Act (APA) is affirmed where the FWS adequately complied with its APA and ESA procedural requirements, and the district court correctly determined that no serious or substantial reason existed to negate the listing and provide for a new comment period.

Appellate Information

• Argued 02/16/2006
• Decided 06/20/2006
• Published 06/20/2006

Judges

• MICHAEL DALY HAWKINS, Circuit Judge:, Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert D. Thornton, Nossaman, Guthner, Knox & Elliott, Irvine, CA, for the plaintiffs-appellants., M. Reed Hopper, Pacific Legal Foundation, Sacramento, CA, for amicus curiae Pacific Legal Foundation.


• For Appellees:
  
• Matthew J. Sanders, U.S. Department of Justice, Environmental & Natural Resources Division, Washington, DC, for the defendants-appellees., Matt Kenna, Western Environmental Law Center, Durango, CO, for the intervenor-defendant-appellee.