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ANIMAL LOVERS VOLUNTEER ASS'N, INC. v. CARLUCCI

Nos. 86-6428, 86-6679.

867 F.2d 1224 (1989)

ANIMAL LOVERS VOLUNTEER ASSOCIATION, INC.; Pauline Baerg; Lisa Curran; Pat Llewelyn; Harold Baerg; and Lynne Garmston, Plaintiffs-Appellants, v. Frank CARLUCCI, in his official capacity as Secretary of the Department of Defense; William Ball III, in his official capacity as Secretary of the Navy; Rolf Wallenstrom, in his official capacity as Regional Director of the United States Fish and Wildlife Service; United States Navy; and United States Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

February 9, 1989.

Attorney(s) appearing for the Case

Timothy T. Coates, and Greines, Martin, Stein & Richland, Beverly Hills, Cal., for plaintiffs-appellants.

Maria A. Iizuka, Appellate Section, Land and Natural Resources Division, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BROWNING, NELSON and CANBY, Circuit Judges.

ORDER

Appellants brought this action under the Administrative Procedure Act, 5 U.S.C. §§ 701-706, and the National Environmental Policy Act, 42 U.S.C. § 4332, challenging the decision of the United States Fish and Wildlife Service to eradicate the red fox population of the Seal Beach National Wildlife Refuge. The project is intended to protect two endangered species of birds believed threatened by the foxes. The Service prepared an Environmental Assessment...

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