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NATIONAL ASS'N OF HOME BUILDERS v. BABBITT

No. 96-5354.

130 F.3d 1041 (1997)

NATIONAL ASSOCIATION OF HOME BUILDERS, et al., Appellants, v. Bruce BABBITT, Secretary, United States Department of Interior and Mollie Beattie, Director, United States Fish and Wildlife Service, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 5, 1997.

Attorney(s) appearing for the Case

Thomas C. Jackson argued the cause for appellants, with whom Patrick J. Hurd, Arthur S. Garrett III, Martha E. Marrapese, Glen F. Koontz and Alec I. Ugol were on the briefs. Alan K. Marks entered an appearance.

David C. Shilton, Attorney, United States Department of Justice, argued the cause for appellees, with whom Lois J. Schiffer, Assistant Attorney General, and J. Carol Williams, Attorney, were on the brief. John A. Bryson, Attorney, entered an appearance.

William R. Irvin, Kathleen Rogers, Josh Eagle and Michael J. Bean were on the brief for amici curiae Center for Marine Conservation, et al.

Robin L. Rivett and Anne M. Hawkins were on the brief for amicus curiae Pacific Legal Foundation.

Daniel J. Popeo and Paul D. Kamenar were on the brief for amicus curiae Washington Legal Foundation.

Paul M. Terrill, III was on the brief for amicus curiae American Land Foundation.

Before: WALD, SENTELLE and HENDERSON, Circuit Judges.

Opinion filed by Circuit Judge WALD.

Dissenting opinion filed by Circuit Judge SENTELLE.

Concurring opinion filed by Circuit Judge KAREN LECRAFT HENDERSON.

WALD, Circuit Judge:

The National Association of Home Builders of the United States, the Building Industry Legal Defense Fund, the County of San Bernardino, and the City of Colton, California brought this action in the United States District Court for the District of Columbia to challenge...

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