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NORTHERN SPOTTED OWL v. LUJAN

No. C88-573Z.

758 F.Supp. 621 (1991)

NORTHERN SPOTTED OWL (Strix Occidentalis Caurina), et al., Plaintiffs, v. Manual LUJAN, et al., Defendants.

United States District Court, W.D. Washington, N.D.

February 26, 1991.

Attorney(s) appearing for the Case

Victor M. Sher, Todd D. True, Sierra Club Legal Defense Fund, Seattle, Wash., Michael R. Sherwood, Sierra Club Legal Defense Fund, San Francisco, Cal., Mark C. Rutzick, Preston, Thorgrimson, Shidler, Gates & Ellis, Portland, Or., for Nat. Audubon Society and for Northwest Forest Resource Council, Amicus Curiae.

Jean E. Williams Mellor, U.S. Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for Director of Fish & Wildlife Service, Regional Director, Fish & Wildlife Service, Secretary of the Interior, U.S. Dept. of the Interior, U.S. Fish & Wildlife.

Charles W. Brooks, U.S. Dept. of Justice, Washington, D.C., for Frank Dunkle and Donald Hodel.

James C. Kilbourne, U.S. Dept. of Justice, Washington, D.C., for Manual Lujan, in his official capacity as Secretary of the Interior and John F. Turner, in his official capacity as Director of the U.S. Fish and Wildlife Service.

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND MOTION TO COMPEL DESIGNATION OF CRITICAL HABITAT

ZILLY, District Judge.

THIS MATTER comes before the Court upon plaintiffs' motion for summary judgment and their motion to compel the federal defendants to designate critical habitat for the northern spotted owl. The Court took this matter under advisement following oral argument on January 25, 1991. Having reviewed all the materials submitted,

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