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The appeals court said the agency does not have the power to delist an already-protected species by balkanization. In a unanimous decision, the court ruled the agency cannot circumvent the Endangered Species Acts explicit delisting standards by riving an existing listing into a recovered sub-group and a leftover group that becomes an orphan to the law. The Fish and Wildlife Service used a similar approach when the agency removed the Yellowstone grizzly population from the endangered species list without considering the impact of that action on the surviving grizzly populations

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