Legal Opinion
Defenders of Wildlife v. Flowers
Court of Appeals for the Ninth Circuit
Decided July 11, 2005No. 03-16884, 03-16887PublishedCited by 19 opinions
1Opinion of the Court
Opinion by Judge NOONAN. Dissent by Judge FERGUSON.
NOONAN, Circuit Judge:
Defenders of Wildlife and the Center for Biological Diversity (collectively Defenders) appeal the grant of summary judgment to the Army Corps of Engineers (the Corps). Defenders challenged the decision of the Corps not to consult with the Fish and Wildlife Service (the Service) on the effect on the Arizona cactus ferruginous pygmy-owl of two developments in Arizona. The district court found that the Corps’ ■ determination that the developments would have no effect on the pygmy owl was not arbitrary or capricious. We…
2Cases cited2 opinions
- National Ass'n of Home Builders v. NortonCourt of Appeals for the Ninth Circuit · 2003
- Southwest Center For Biological Diversity v. U.S. Forest ServiceCourt of Appeals for the Ninth Circuit · 1996
3Cited by19 opinions
- Western Watersheds Project v. KraayenbrinkCourt of Appeals for the Ninth Circuit · 2011
- Center for Biological Diversity v. United States Bureau of Land ManagementCourt of Appeals for the Ninth Circuit · 2012
- Defenders of Wildlife Center for Biological Diversity Craig Miller v. United States Environmental Protection Agency, National Association of Home Builders State of Arizona Arizona Chamber of Commerce, Intervenors. Defenders of Wildlife Center for Biological Diversity, Plaintiffs-Petitioners v. Robert B. Flowers, Chief of Engineers and Commander, U.S. Army Corps of Engineers., Defendant-Respondent, Christine Todd Whitman, Administrator U.S. Environmental Protection Agency, Defendant-Respondent, Gale Norton Steven Williams, Defendants-Respondents, Continental Reserve Ii, Llc, Defendant-Intervenor/intervenor, Hb Land Development Company Stephen A. Owens, State of Arizona, Ex-Rel, Director Arizona Department of Environmental Quality Grosvenor Holdings National Association of Home Builders Home Builders Association of Central Arizona Southern Arizona Home Builders Association Saguaro Ranch Investments LLC Saguaro Ranch Development Corporation, Defendant-Intervenors/intervenorsCourt of Appeals for the Ninth Circuit · 2005
- Western Watersheds Project v. KraayenbrinkCourt of Appeals for the Ninth Circuit · 2010
- Western Watersheds Project v. KraayenbrinkCourt of Appeals for the Ninth Circuit · 2010
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