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CHESAPEAKE BAY FOUNDATION v. DEPT. OF AGRICULTURE

No. 92-5174.

11 F.3d 211 (1993)

CHESAPEAKE BAY FOUNDATION, INC., Appellee, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 1993.

Rehearing and Suggestion for Rehearing Denied March 11, 1994.

Attorney(s) appearing for the Case

Charles F. Flynn, Asst. U.S. Atty., Washington, DC, argued the cause for appellant. With him on the briefs were J. Ramsey Johnson, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC.

Gregory L. Poe, Washington, DC, argued the cause for appellee. With him on the brief were Mitchell Rogovin and Randal S. Milch, Washington, DC.

Before: WALD, EDWARDS, and SENTELLE, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc* Denied March 11, 1994.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The Chesapeake Bay Foundation, Inc. ("CBF"), is a not-for-profit corporation whose principal goal is to pursue projects designed to restore and maintain the biological integrity of the Chesapeake Bay and its living resources. In 1988, in furtherance of its conservation...

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