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SIERRA CLUB v. YEUTTER

No. 88-6041.

926 F.2d 429 (1991)

SIERRA CLUB, etc., et al., Plaintiffs-Appellees, v. Clayton K. YEUTTER, etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 4, 1991.

Attorney(s) appearing for the Case

John A. Bryson, Robert L. Klarquist, Land & Natural Resources Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

Edward Fritz, Texas Committee on Natural Resources, Dallas, Tex., Mary Alice Van Kerrebrook, Co-Counsel on Texas Committee on Natural Resources, Houston, Tex., for plaintiff-appellee Texas Committee on Natural Resources.

Douglas L. Honnold, Federico Cheener, Sierra Club Legal Defense Fund, Denver, Colo., for plaintiffs-appellees Sierra Club and The Wilderness Soc.

Mary Ruth Holder, Asst. Atty. Gen., Environmental Protection Div., Austin, Tex., for amicus curiae, State of Tex.

James A. Cornelius, Zeleskey, Cornelius, Hallmark, Bagfeld & Roper, Ron Hufford, Texas Forestry Ass'n, Lufkin, Tex., for amicus curiae, Texas Forestry Assoc.

Before KING, GARWOOD and SMITH, Circuit Judges.

GARWOOD, Circuit Judge:

Defendants-appellants Clayton Yeutter, et al. (the government) appeal two injunctive orders of the district court in favor of plaintiff-appellees Sierra Club, et al.

Facts and Proceedings Below

This litigation concerns the red-cockaded woodpecker (RCW), a species of woodpecker that has garnered a position on the endangered species list, as provided by the Endangered Species Act of 1973 (ESA), 16 U.S.C. §§ 1531-43...

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