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FUND FOR ANIMALS v. BABBITT

Nos. 94-1021, 94-1106.

903 F.Supp. 96 (1995)

The FUND FOR ANIMALS, et al., Plaintiffs, v. Bruce BABBITT, et al., Defendants. The NATIONAL AUDUBON SOCIETY, et al., Plaintiffs, v. Bruce BABBITT, et al., Defendants.

United States District Court, District of Columbia.

September 29, 1995.

Attorney(s) appearing for the Case

Eric Robert Glitzenstein, Meyer & Glitzenstein, Washington, DC, for Fund for Animals.

Howard I. Fox, Sierra Club Legal Defense Fund, Washington, DC, for National Audubon Society.

Joseph R. Perella, Environmental & Natural Resources Division, U.S. Dept. of Justice, Washington, DC, for defendants.

OPINION

PAUL L. FRIEDMAN, District Judge.

I. BACKGROUND

Since the arrival of Europeans in North America, the grizzly bear has been eliminated from all but approximately two percent of its original range in the lower 48 states. Indeed, the bear's historic range, which once included most of the western half of the United States, has receded to small portions of Washington, Idaho, Montana and Wyoming. Grizzly Bear Recovery Plan ("Plan") at ix, 9-10...

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