Norton

Institute for Wildlife Protection v. Norton

Good Law
149 F. App'x 627
United States Court of Appeals for the Ninth CircuitSeptember 15, 2005No. 04-35104California1,900 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs-Appellants the Institute for Wildlife Protection (“IWP”) and Dr. Steven G. Herman appeal the district court’s order granting summary judgment in favor of Defendants-Appellees Gale Norton, in her official capacity as Secretary of the Department of the Interior, and Steven Williams, in his official capacity as Director of the United State Fish and Wildlife Service (“FWS”), and also appeal the district court’s order granting the Nevada Department of Wildlife’s (“NDOW”) motion to intervene below both permissively and as of right. 1 The gravamen of the IWP’s complaint is that the Secretary failed to comply with certain procedural requirements of the Endangered Species Act (“ESA”) and the Administrative Procedure Act (“APA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm. Because the parties are familiar with the factual background and procedural history, we do not repeat them here except to the extent necessary to our disposition.

STANDARD OF REVIEW

We review de novo the district court’s order granting summary judgment, and may affirm on any ground supported by the record. High Sierra Hikers Associa *629 tion v. Blackwell, 390 F.3d 630, 638…

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