State of Alaska v. National Marine Fisheries Service

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 11 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF ALASKA, No. 24-3148 D.C. No. Plaintiff - Appellant, 3:22-cv-00249-SLG and

MEMORANDUM*

NORTH SLOPE BOROUGH,

Plaintiff,

v.

NATIONAL MARINE FISHERIES

SERVICE,

Defendant - Appellee,

CENTER FOR BIOLOGICAL

DIVERSITY,

Intervenor-Defendant - Appellee.

Appeal from the United States District Court for the District of Alaska Sharon L. Gleason, Chief District Judge, Presiding

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Submitted July 9, 2025** San Francisco, California

Before: H.A. THOMAS and DE ALBA, Circuit Judges, and RAKOFF, District Judge.***

The State of Alaska appeals the district court’s grant of summary judgment

to the National Marine Fisheries Service (NMFS) in Alaska’s action challenging

NMFS’s negative 90-day finding on Alaska’s petition to delist the Arctic ringed

seal as a threatened species under the Endangered Species Act (ESA). We…