Environmental Defense Center v. Babbitt

73 F.3d 867 41 ERC 1865 , 26 Envtl. L. Rep. 20 ,359, 95 Cal. Daily Op. Serv. 9368 , 95 Daily Journal D.A.R. 16 ,341 ENVIRONMENTAL DEFENSE CENTER, a non-profit corporation, Plaintiff-Appellee, v. Bruce BABBITT, Secretary of the Interior; Mollie Beattie, Director, U.S. Fish and Wildlife Service, Defendants-Appellants. No. 95-56255. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 13, 1995. Decided Dec. 11, 1995. Neil Levine, Environmental Defense Center, Santa Barbara, California, for plaintiff-appellee. Lynn Penman, United States Department of Justice, Washington, D.C., for defendants-appellants. Appeal from the United States District Court for the Central District of California. Before: FLETCHER, CANBY and HAWKINS, Circuit Judges. FLETCHER, Circuit Judge: 1 Defendants Bruce Babbitt, Secretary of the Interior, and Mollie Beattie, Director of the Fish and Wildlife Service (collectively "the Secretary"), appeal from the district court's grant of summary judgment in favor of the plaintiff, Environmental Defense Center ("EDC"), in EDC's action to compel the Secretary to make a final determination on a petition to list the California red-legged frog as an…