You mean this 9th Circuit?:
The preservation of the endangered ferruginous dessert pygmy owl that started the whole thing, the outcry for a protected area in the late 1990’s, is a non-issue now. Even when the monument was founded, the little owls’ status as endangered was based on a pillar of false and bad science. But today, and for several years now, the pygmy owl is not endangered, and never was. The two species under protection of the Endangered Species Act were declared no longer Endangered by the 9th Circuit court of Appeals in 2006. Without the National Monument designation that population is fine.