Babbitt

I. OVERVIEW

Secretary of the Interior Bruce Babbitt (the Secretary) and intervenors, Headwaters, Inc.' and Umpqua Valley Audubon Society (Headwaters), appeal the district court’s grant of summary judgment in favor- of Douglas County, Oregon (the County), in the County’s action alleging that the Secretary failed to comply with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4821 et seq., in designating certain federal land as critical habitat for the Northern Spotted Owl pursuant to the Endangered Species Act of 1973 (ESA), 16. U.S.C. § 1533(a)(3). The district court granted the County permanent injunctive relief, ■ setting aside the critical habitat designation, but then stayed its order pending appeal. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand for consideration.

II. BACKGROUND

A. The Statutory Framework.

1. The Endangered Species Act.

'Under § 4(a) of the ESA, 16 U.S.C. § 1533 (a), the Secretary 1 may list a species as threatened or endangered. When the Secretary lists a species, he or she must also designate a “critical habitat” for that species. 16 U.S.C. § 1533 (a)(3). The ESA defines “critical habitat”…