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United States Ninth Circuit


Modesto Irrigation Dist. v. Gutierrez, 09-15214

In an action by irrigation districts challenging the decision of the National Marine Fisheries Service (NMFS) to list the steelhead, a type of Pacific salmon, as a threatened species in California's Central Valley, summary judgment for defendant is affirmed where: 1) Section 1532(16) of the Endangered Species Act did not require that interbreeding organisms be placed in the same distinct population segment; and 2) the government provided an adequate rationale for the change in policy.

Appellate Information

  • Decided 08/20/2010
  • Published 08/20/2010

Judges

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Tim O’Laughlin, Anna T. Katselas

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