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UNION NEIGHBORS UNITED, INC. v. JEWELL

No. 15-5147.

831 F.3d 564 (2016)

UNION NEIGHBORS UNITED, INC., Appellant, v. Sally JEWELL, in her official capacity as Secretary of The United States Department of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 2016.

Attorney(s) appearing for the Case

W. William Weeks argued the cause and filed the briefs for appellant.

Robert P. Stockman , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were John C. Cruden , Assistant Attorney General, and David C. Shilton , Attorney.

Paul S. Weiland , Irvine, CA, argued the cause for intervenor-appellee Buckeye Wind LLC. With him on the brief was Steven P. Quarles.

Before: SRINIVASAN, MILLETT and WILKINS, Circuit Judges.

Buckeye Wind, LLC ("Buckeye") wants to build a wind farm in Ohio. However, that wind farm may pose a danger to the Indiana bat, a federally listed endangered species. In order to comply with the Endangered Species Act ("ESA"), Buckeye applied for an incidental take permit with the United States Fish and Wildlife Service ...

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