Kempthorne

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TUCSON HERPETOLOGICAL SOCIETY; 

DEFENDERS OF WILDLIFE; CENTER

FOR BIOLOGICAL DIVERSITY;

HORNED LIZARD CONSERVATION

SOCIETY; SIERRA CLUB; WENDY

HODGES; FRANCIS ALLAN MUTH,

No. 07-16641 Plaintiffs-Appellants, v.  D.C. No.

CV 04-0075 NVW

KEN SALAZAR,* in his official

OPINION

capacity as Secretary of the Interior; ROWAN W. GOULD,** in his official capacity as Acting Director of the U.S. Fish and Wildlife Service, Defendants-Appellees.  Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding

Argued and Submitted January 16, 2009—San Francisco, California

Filed May 18, 2009

Before: John T. Noonan, A. Wallace Tashima, and William A. Fletcher, Circuit Judges.

*Ken Salazar is substituted for his predecessor Dirk Kempthorne, as Secretary of the Interior, pursuant to Fed. R. App. P. 43(c)(2). **Rowan W. Gould is substituted for his predecessor H. Dale Hall, as Acting Director of the U.S. Fish and Wildlife Service.

5941 5942 TUCSON HERPETOLOGICAL SOCIETY v. SALAZAR Opinion by Judge Tashima; Partial…