NEW MEXICO CATTLE GROWERS v. U.S. FISH & WILDLIFE

No. 98-0275 LH/DJS-ACE.

81 F.Supp.2d 1141 (1999)

NEW MEXICO CATTLE GROWERS ASSOCIATION, a nonprofit organization on behalf of itself and its members, New Mexico Public Lands Council, a nonprofit corporation on behalf of itself and its members, New Mexico Wool Growers, Inc., a nonprofit corporation on behalf of itself and its members, New Mexico Farm & Livestock Bureau, a nonprofit corporation on behalf of itself and its members, New Mexico Wheat Growers Association, a nonprofit corporation on behalf of itself and its members, Production Credit Association of New Mexico, Coalition of Arizona, and New Mexico Counties for Stable Economic Growth, a nonprofit organization on behalf of itself and its members, and Hidalgo County Cattle Growers Association, a nonprofit organization on behalf of itself and its members, Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, an agency of the United States Department of the Interior, Bruce Babbitt, Secretary of the United States Department of the Interior, John Rogers, United States Fish and Wildlife Service Director, and Fish and Wildlife Service Regional Director, and Nancy Kaufman, Southwest Regional Director, United States Fish and Wildlife Service, Defendants.

United States District Court, D. New Mexico.

December 21, 1999.


Attorney(s) appearing for the Case

Lee E. Peters, Hubert & Hernandez, Las Cruces, NM, Karen Budd-Falen, Budd Falen & Associates, Cheyenne, WY, for plaintiffs.

John W. Zavitz, U.S. Attorney's Office, Albuquerque, NM, John J. Kelly, U.S. Attorney's Office, Albuquerque, NM, Richard A. Monikowski, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Andrea Berlowe, U.S. Department of Justice, Environmental & Natural Resources Div, Washington, DC, Janet Spaulding, U.S. Department of Interior, Office of Regional Solicitor, Albuquerque, NM, Stephanie M Parent, U.S. Department of Justice, Environmental Natural Resources Division, Washington, DC, Lois J. Schiffer, U.S. Department of Justice, Environmental Enforcement Section, Washington, DC, Andrew A Smith, U.S. Department of Justice, Land & Natural Resources Div, Denver, CO, Ben Jesup, Department of the Interior, Office of Solicitor, Washington, DC, for defendants.


MEMORANDUM OPINION AND ORDER

HANSEN, District Judge.

THIS MATTER comes before the Court on Plaintiffs' Motion to Strike Standing Argument, or in the Alternative, Plaintiffs' Opposition to Defendants' Motion to Dismiss for Lack of Standing1 (Docket No. 46). The Court, having considered the briefs of the parties and the relevant case-law, and being fully advised in the premises, for the reasons that follow,...

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