United States Ninth Circuit

Summary judgment in favor of defendants, agency officials, in a suit under the Endangered Species Act (ESA) is reversed where defendants' challenged decision, regarding listing the Sierra Nevada Mountain Yellow-Legged Frog as an endangered species, standing alone, failed to make the determinations required by 16 U.S.C. section 1533(b)(3)(B) for a -warranted but precluded- finding.

Appellate Information

• Argued 05/17/2006
• Decided 10/18/2006
• Published 10/18/2006

Judges

• RYMER, Circuit Judge:, Before: RYMER and WARDLAW, Circuit Judges, and ALSUP, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael R. Sherwood (argued) and Susan Britton (signed the briefs), Earthjustice, Oakland, CA, for the plaintiffs-appellants.


• For Appellees:
  
• David C. Shilton, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees.