Badgley

The Center for Biological Diversity and eighteen other nonprofit organizations (collectively “the Center”), appeal from the district court’s summary judgment in favor of the United States Fish and Wildlife Service (“FWS”). The Center claimed the Secretary of the Interior violated the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531-1544 , by making an erroneous, arbitrary, and capricious determination that listing he Northern Goshawk in the contiguous United States west of the 100th meridian as a threatened or endangered species was not warranted. We affirm.

I.

In July 1991, the Center petitioned the FWS to list the Northern Goshawk (“goshawk”) 1 as an endangered species in the four southwestern corner states of Utah, Colorado, New Mexico, and Arizona. In September 1991, the Center submitted a letter to FWS, requesting that the geographic scope of the petition be expanded from the four southwestern corner states to the entire forested area of the United States west of the 100th meridian.

*1099 In June 1992, FWS published a 90-day finding that the July 1991 petition faded to present substantial information that the goshawk in the western United States was a listable…