DEFENDERS OF THE WILDLIFE v. HODEL

No. 3-86 CIV 757.

707 F.Supp. 1082 (1989)

DEFENDERS OF THE WILDLIFE, Friends of Animals and Their Environment, and The Humane Society of the United States, Plaintiffs, v. Donald P. HODEL, as Secretary of the Interior, Defendant.

United States District Court, D. Minnesota, Third Division.

February 15, 1989.


Attorney(s) appearing for the Case

Faegre & Benson by Brian B. O'Neill, Alan M. Anderson, and Richard A. Duncan, Minneapolis, Minn., for plaintiffs.

U.S. Dept. of Justice by Lee M. Kolker, Washington, D.C., for defendant.


ORDER

ALSOP, District Judge.

I. BACKGROUND.

Plaintiffs ("Defenders") filed this action on August 27, 1986. The complaint challenged the defendant's issuance of Regulations in 1986 which limited the "consultation provision"1 of the Endangered Species Act2 ("ESA") to those actions occurring in the United States or on the high seas. Previously, 50 C.F.R. § 402.02 had stated that consultation...

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