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SABINE RIVER AUTHORITY v. U.S. DEPT. OF INTERIOR

No. 90-4761.

951 F.2d 669 (1992)

SABINE RIVER AUTHORITY, Plaintiff-Appellant, and Texas Water Conservation Association, Plaintiff-Intervenor-Appellant, v. U.S. DEPARTMENT OF INTERIOR et al., Defendants-Appellees. and The Sierra Club and the National Audubon Society, Defendants-Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 4, 1992.

Attorney(s) appearing for the Case

William H. Burchett, Christine C. Ryan, Jorden Schulte & Burchette, Washington, D.C., Earl Roberts, Jr., Roberts, Hill & Calk, Longview, Tex., for Sabine River Authority.

Michael J. Booth, Frank R. Booth, Booth & Newsom, Austin, Tex., Ruth H. Yeager, First Asst. U.S. Atty., Tyler, Tex., Lisa Hemmer, Atty., Robert L. Klarquist, Dept. of Justice, Appellate Section, Environmental Natural Resources, Washington, D.C., for Texas Water Conservation Ass'n.

Jos. Irion Worsham, Worsham, Forsythe, Samples & Wooldridge, Dallas, Tex., for Little Sandy Hunting & Fishing Club.

Robert G. Dreher, Sierra Club Legal Def. Fund, Washington, D.C., for Sierra Club and Nat. Audubon Society.

Before GOLDBERG and GARWOOD, Circuit Judges, and BUCHMEYER, District Judge:

GOLDBERG, Circuit Judge:

This case is for the birds — thousands of them. And we mean that in no facetious sense.

At issue is a non-development easement on 3800 acres of land in East Texas, containing high-quality wetlands and wildlife habitat essential to migratory waterfowl. The Little Sandy Hunting and Fishing Club donated the easement to the U.S. Fish and Wildlife Service in an effort to guarantee that the wetlands would be preserved in their pristine...

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