Building Industry Ass'n of the Bay Area v. United States Department of Commerce

OPINION

PARKER, Senior Circuit Judge:

This appeal, arising under the Endangered Species Act (“ESA”) and the Administrative Procedure Act (“APA”), requires us to review the designation of critical habitat for a threatened species — the southern distinct population segment of green sturgeon (the “Southern DPS of green sturgeon”) — and the regulations implementing that designation. The context for this litigation is the impact of the designation on local property owners and on the residential construction industry in the Sacramento-San Joaquin Delta and within the Sacramento River basin of…