Court of Appeals for the Ninth Circuit August 19, 2003, No. 02-15212 (National Ass'n of Home Builders v. Norton)

OPINION

TASHIMA, Circuit Judge.

The National Association of Home Builders, the Southern Arizona Home Builders Association, and the Home Builders Association of Central Arizona (collectively, “Home Builders”) appeal the district court’s decision upholding the designation of a population of cactus ferrugi-nous pygmy-owls in Arizona as a distinct population segment (“DPS”) pursuant to the Fish and