Court of Appeals for the D.C. Circuit December 13, 1989, Nos. 89-5352, 89-5362 (City of Las Vegas v. Lujan)

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Pursuant to his powers under the Endangered Species Act (“Act”), 87 Stat. 884, 16 U.S.C. §§ 1531-1544, the Secretary of Interior issued an emergency regulation on August 4, 1989 listing the Mojave Desert population of the desert tortoise (Gopherus agassizii) as an endangered species. See Emergency Rule, 54 Fed.Reg.