Center For Biological Diversity v. United States Fish & Wildlife Service

450 F.3d 930 CENTER FOR BIOLOGICAL DIVERSITY; Friends of the Santa Clara River, Plaintiffs-Appellants, v. UNITED STATES FISH & WILDLIFE SERVICE, Defendant-Appellee, Cemex Inc., a Louisiana Corporation qualified to do business in California f/k/a Southdown Inc. d/b/a Transit Mixed Concrete (TMC), Defendant-Intervenor-Appellee. No. 04-55084. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 19, 2005. Filed June 5, 2006. COPYRIGHT MATERIAL OMITTED John Buse, Environmental Defense Center, Ventura, CA, argued the cause for the petitioners; Brent Plater, Center for Biological Diversity, Oakland, CA, and Karen M. Kraus, Environmental Defense Center, Santa Barbara, CA, were on the briefs. Andrew Mergen, United States Department of Justice, Washington, D.C., argued the cause for respondent United States Fish & Wildlife Service; Assistant Attorney General Thomas L. Sansonetti, James C. Kilbourne, and Paul S. Weiland, United States Department of Justice, Washington, D.C., were on the brief. Michael Hassen, Jeffer, Mangels, Butler & Marmaro, LLP, San Francisco, CA, argued the cause for respondent Cemex, Inc.; Kerry Shapiro and Scott N. Castro, Jeffer,…