United States Ninth Circuit

In a challenge to a National Marine Fisheries Service (NMFS) regulation distinguishing between natural and hatchery-spawned salmon and steelhead when determining the level of protection each species should receive under the Endangered Species Act, the majority of District Court's rulings are affirmed where NMFS decisions were not arbitrary, but reversed where summary judgment to Plaintiff was erroneous.

Appellate Information

• Argued 10/20/2008
• Decided 03/16/2009
• Published 03/16/2009

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, and ANDREW J. KLEINFELD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James L. Buchal, Murphy & Buchal LLP, Portland, OR, filed a brief of Amicus Curiae Fishery Scientists.


• For Appellees:
  
• Damien M. Schiff, Pacific Legal Foundation, Sacramento, CA, argued the cause for the defendant-intervenors-appellants.  Brian T. Hodges and Sonya D. Jones, Pacific Legal Foundation, Bellevue, WA, and James S. Burling, Pacific Legal Foundation, Sacramento, CA, filed the briefs., Patti Goldman, Earthjustice, Seattle, WA, argued the cause for the plaintiffs-appellees and filed the brief.  Jan Hasselman, Earthjustice, Seattle, WA, was on the brief., Ellen J. Durkee and David C. Shilton, Environmental & Natural Resources Division, U.S. Department of Justice, argued the cause for the defendants-appellees-appellants and filed the briefs.  Michael Bancroft and Chris McNulty, NOAA Office of General Counsel, Seattle, WA, and Ronald J. Tenpas, Assistant Attorney General, and Lisa Russell, U.S. Department of Justice, were on the brief.