Norton

MEMORANDUM **

Plaintiffs-Appellants Institute for Wildlife Protection and Dr. Steven G. Herman (Appellants) appeal the district court’s grant of summary judgment to Defendants-Appellees Gale Norton, in her offi *365 cial capacity as Secretary of the Interior, and Steve Williams, in his official capacity as Director of the United States Fish and Wildlife Service (FWS). We have jurisdiction over this appeal under 28 U.S.C. § 1291 . We reverse the district court’s grant of summary judgment and remand for FWS to revisit its 90-day Finding on a Petition to List the Western Sage Grouse (the “90-day Finding”).

STANDARD OF REVIEW

We review de novo the district court’s decision on cross motions for summary judgment. Arakaki v. Hawaii, 314 F.3d 1091, 1094 (9th Cir.2002). In so doing, we must “view the evidence in the light most favorable to the nonmoving party,” Nat’l Ass’n of Home Builders v. Norton, 340 F.3d 835, 840 (9th Cir.2003), to determine whether there are any issues of material fact and whether the district court correctly applied the substantive law. Olsen v. Idaho State Bd. of Medicine, 363 F.3d 916 , 922 (9th Cir.2004). Section 706 of the Administrative Procedure Act (APA)…