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SIERRA CLUB v. GLICKMAN

No. 94-40506.

67 F.3d 90 (1995)

SIERRA CLUB, et al., Plaintiffs-Appellees, v. Dan GLICKMAN, in his official capacity as Secretary of Agriculture, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 20, 1995.

Attorney(s) appearing for the Case

Martin W. Matzen, Robert L. Klarquist, Attorneys, U.S. Dept. of Justice, Washington, DC, for defendants-appellants.

Steven P. Quarles, Thomas R. Lundquist, Washington, DC, James R. Cornelius, Zeleskey, Cornelius, Hallmark, Roper, & Hicks L.L.P., Lufkin, TX, Joseph Michael Klise, Crowell & Moring, Washington, DC, for intervenor Texas Forrestry.

Douglas Loie Honnold, Sierra Club Legal Defense Fund, Bozeman, MT, for Sierra.

Edward C. Fritz, Dallas, TX, for Texas Committee on Natural Resources.

Before WISDOM, DUHÉ, and BARKSDALE, Circuit Judges.

DUHÉ, Circuit Judge:

The United States Forest Service (hereinafter "Forest Service") appeals the district court's Superseding Order of March 21, 1994.1 Therein, the district court concluded that the Forest Service's Interim Standards and Guidelines for the Protection and Management of Red-Cockaded Woodpecker Habitat Within ¾ Mile of Colony Sites (hereinafter "Interim Guidelines") violated the Endangered Species Act and therefore...

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