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MAUSOLF v. BABBITT

No. 5-94-CV-8.

913 F.Supp. 1334 (1996)

Jeffrey MAUSOLF; William Kullberg; Arlys Strehlo; and Minnesota United Snowmobilers Association v. Bruce BABBITT, Secretary, Department of Interior; Roger Kennedy, Director, National Park Service; Mollie Beattie, Director, U.S. Fish and Wildlife Service; and Ben Clary, Superintendent, Voyageurs National Park.

United States District Court, D. Minnesota, Fifth Division.

January 23, 1996.

Attorney(s) appearing for the Case

Rebecca J. Heltzer, Bernick & Lifson, Mpls, MN, Corey John Ayling, McGrann Shea Franzen Carnival Straughn & Lamb, Mpls, MN, for Jeffrey Mausolf, William Kullberg, Arlys Strehlo, Minnesota United Snowmobilers Association.

Friedrich Anson Paul Siekert, David Lee Lillehaug, U.S. Atty. Office, Mpls, MN, Joseph R. Perella, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for Bruce Babbitt, Secretary, Department of the Interior, Roger Kennedy, Director, National Park Service, Mollie Beattie, Director, U.S. Fish and Wildlife Service, Ben Clary, Superintendent, Voyageurs National Park.

Richard A. Duncan, Brian Boru O'Neill, Michael A. Ponto, Laura A. Lundquist, Faegre & Benson, Mpls, MN, for amici curiae Voyageurs Region National Park Association, Sierra Club, North Star Chapter, Humane Society of U.S., Friends of Boundary Waters Wilderness, National Park and Conservation Association, Izaak Walton League of America.

ORDER

ROSENBAUM, District Judge.

In December, 1992, the National Park Service ("NPS" or "Park Service") closed certain lakeshore areas in Voyageurs National Park ("Voyageurs" or "Park") to snowmobiles and motor vehicles. The closed areas are home to gray wolves and bald eagles, each of which is protected under the Endangered Species Act ("ESA" or "Act").1 The Park Service's closure...

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