United States Ninth Circuit

In a case raising questions over the definition of the term "species," agency's denial of a petition to classify western gray squirrels as an endangered "distinct population segment" (DPS) under the Endangered Species Act (ESA) is affirmed as: 1) agency's construction of the term DPS was entitled to Chevron deference; 2) its construction was reasonable; and 3) its decision was not arbitrary or capricious.

Appellate Information

• Argued 11/15/2006
• Decided 02/02/2007
• Published 02/02/2007

Judges

• GOODWIN, Circuit Judge., Before GOODWIN, O'SCANNLAIN, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brent Plater, Center for Biological Diversity, San Francisco, CA, Stephanie M. Parent, Pacific Environmental Advocacy Center, Portland, Oregon, for the plaintiffs-appellants.


• For Appellees:
  
• M. Alice Thurston, U.S. Department of Justice, Washington, D.C., for the defendants-appellees.