IDAHO FARM BUREAU FEDERATION v. BABBITT

Civ. No. 93-0168-E-HLR.

839 F.Supp. 739 (1993)

IDAHO FARM BUREAU FEDERATION, a non-profit corporation; Owyhee County Farm Bureau, a non-profit corporation; Idaho Cattle Association, a non-profit corporation; Owyhee County Cattlemen's Association, a non-profit corporation, and Owyhee County Board of Commissioners, Plaintiffs, v. Bruce BABBITT, Secretary of Interior; John F. Turner, Director, U.S. Fish & Wildlife Service; Marvin Plenert, Regional Director, U.S. Fish & Wildlife Service; Charles Lobdell, Field Supervisor, Boise District Office, U.S. Fish and Wildlife Service; U.S. Fish & Wildlife Service; United States of America, Defendants. Idaho Conservation League, Inc., an Idaho non-profit corporation, and Committee for Idaho's High Desert, Inc., an Idaho non-profit corporation, Intervenors.

United States District Court, D. Idaho.

December 14, 1993.


Attorney(s) appearing for the Case

Scott L. Campbell, Gary G. Allen, Susan E. Buxton, Davis Wright Tremaine, Boise, ID, John J. Rademacher, Richard Krause, American Farm Bureau Federation, Park Ridge, IL, for plaintiffs.

John L. Marshall, Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for defendants.

Laird J. Lucas, Land & Water Fund of the Rockies, Boise, ID, for intervenors Id. Cons. League & Committee for Idaho's High Desert.


ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

RYAN, Senior District Judge.

I. FACTS AND PROCEDURE

On May 7, 1993, the plaintiffs in the above-entitled action filed a Complaint for Declarator and Injunctive Relief against the United States Fish and Wildlife Service and other federal agencies and officers (hereinafter collectively "the F & W Service" or "the defendants"). The complaint alleges violations of the Endangered Species...

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