LOVELL, District Judge:
The question of first impression here before the court is whether the City of Rancho Palos Verdes (hereinafter "City") is a "person" under the Endangered Species Act (hereinafter "ESA"), 16 U.S.C. § 1531 et seq. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. 3731. The Court of Appeals interprets de novo statutory provisions of the ESA. Enos v. Marsh,
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