No. CIV.A. 96-B-2951.

119 F.Supp.2d 1129 (1999)

BIODIVERSITY LEGAL FOUNDATION and Marie Morrissey, Plaintiffs, v. Bruce BABBITT, Secretary of the Interior, and John Rogers, Acting Director of the United States Fish and Wildlife Service, Defendants.

United States District Court, D. Colorado.

September 21, 1999.

Attorney(s) appearing for the Case

Neil Levine, Earthlaw, University of Denver-Forbes House, Denver, CO, for Plaintiffs.

Eileen Sobeck, Richard A. Monikowski, U.S. Dept. of Justice, Environmental & Natural Resources Div., Washington, DC, Teri R. Thomsen, U.S. Dept. of Justice, Wildlife & Marine Resources Section, Washington, DC, for Defendants.


BABCOCK, District Judge.

In this citizen suit to enforce the Endangered Species Act, 16 U.S.C. § 1531, et seq. ("ESA"), Plaintiffs, Biodiversity Legal Foundation and Marie Morrissey (collectively "Plaintiffs"), move for costs and attorney's fees pursuant to 16 U.S.C. § 1540(g)(4). The issues are adequately briefed and oral argument will not materially aid their resolution. For the reasons set forth below, I deny the Plaintiffs' motions...

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