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BUILDING INDUS. OF SUPERIOR CALIF. v. BABBITT

No. 97-5255.

161 F.3d 740 (1998)

BUILDING INDUSTRY ASSOCIATION OF SUPERIOR CALIFORNIA, et al., Appellants, v. Bruce BABBITT, Secretary of the Interior, et al., Appellees. Environmental Defense Center, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 24, 1998.

Attorney(s) appearing for the Case

Lawrence R. Liebesman argued the cause for appellants. With him on the briefs was Rafe Petersen. Duane J. Desiderio entered an appearance.

Elizabeth Ann Peterson, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Lois J. Schiffer, Assistant Attorney General, and David C. Shilton, Attorney. Robert L. Klarquist, Attorney, entered an appearance.

Neil Levine argued the cause for intervenors Environmental Defense Center and Butte Environmental Council. With him on the brief was Anne Spielberg.

James B. Dougherty was on the brief for amicus curiae National Wildlife Federation.

Robin L. Rivett and Anne M. Hayes were on the brief for amici curiae Pacific Legal Foundation, et al.

Before: EDWARDS, Chief Judge, WALD and SENTELLE, Circuit Judges.

SENTELLE, Circuit Judge:

Appellants, Building Industry Association of Superior California, et al. (collectively "BIA") appeal from a judgment of the United States District Court for the District of Columbia upholding a decision of the United States Fish and Wildlife Service ("FWS") to list as endangered or threatened under the Endangered Species Act, 16 U.S.C. §§ 1531 et seq. ("ESA"), four different species of "fairy shrimp." The district court certified...

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