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ALLIANCE FOR THE WILD ROCKIES v. SALAZAR

Nos. 11-35661, 11-35670.

672 F.3d 1170 (2012)

ALLIANCE FOR THE WILD ROCKIES; Friends of the Clearwater; Wildearth Guardians, Plaintiffs-Appellants, and Center for Biological Diversity; Cascadia Wildlands, Plaintiffs, v. Ken SALAZAR, in his official capacity as United States Secretary of the Interior; Rowan Gould, in his official capacity as Acting Director of the United States Fish and Wildlife Service; United States Fish and Wildlife Service, Defendants-Appellees, and Idaho Farm Bureau Federation; Montana Farm Bureau Federation; Mountain States Legal Foundation; National Rifle Association of America; Safari Club International; Wildlife Conservation Groups, Intervenors. Center For Biological Diversity; Cascadia Wildlands; Western Watersheds Project, Plaintiffs-Appellants, and Alliance for the Wild Rockies; Friends of the Clearwater; Wildearth Guardians, Plaintiffs, v. Ken Salazar, in his official capacity as United States Secretary of the Interior; Rowan Gould, in his official capacity as Acting Director of the United States Fish and Wildlife Service; United States Fish and Wildlife Service, Defendants-Appellees, and Idaho Farm Bureau Federation; Montana Farm Bureau Federation; Mountain States Legal Foundation; National Rifle Association of America; Safari Club International; Wildlife Conservation Groups, Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2012.

Attorney(s) appearing for the Case

James J. Tutchton, Centennial, CO, and Amy Rae Atwood, Portland, OR, for the plaintiffs-appellants Alliance for the Wild Rockies, et al.

David C. Shilton, Department of Justice, Washington, D.C., for the defendants-appellees Ken Salazar, Secretary of the Interior, et al.

Steven J. Lechner, Lakewood, CO, for intervenors-appellees Safari Club International, et al.

Before: MARY M. SCHROEDER, STEPHEN REINHARDT, and MARY H. MURGUIA, Circuit Judges.

OPINION

SCHROEDER, Circuit Judge:

Plaintiff environmental groups seek to enjoin the implementation of a statute, Section 1713 of the 2011 Appropriations Act, that orders the Secretary of the Interior to remove a portion of a distinct population of gray wolves from the protections of the Endangered Species Act ("ESA") without regard to any statute or regulation that might otherwise apply. Section 1713 effectively undid an earlier district court decision that...

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