UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CENTER FOR BIOLOGICAL No. 21-35121 DIVERSITY, Plaintiff-Appellant, D.C. No. 9:19-cv- 00109-DLC v. DEBRA ANNE HAALAND, in her OPINION official capacity as Secretary of the U.S. Department of the Interior; MARTHA WILLIAMS, in her official capacity as Director of the U.S. Fish and Wildlife Service, Defendants-Appellees, STATE OF WYOMING; STATE OF IDAHO; WYOMING STOCK GROWERS ASSOCIATION; WYOMING FARM BUREAU FEDERATION; UTAH FARM BUREAU FEDERATION, Intervenor-Defendants- Appellees.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding 2 CENTER FOR BIOLOGICAL DIVERSITY V. HAALAND

Argued and Submitted April 12, 2022 Seattle, Washington

Filed January 19, 2023

Before: Danny J. Boggs, * Andrew D. Hurwitz, and Jennifer Sung, Circuit Judges.

Opinion by Judge Hurwitz; Dissent by Judge Sung