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LOGGERHEAD TURTLE v. COUNTY COUNC., VOLUSIA COUNTY

No. 6:95CV587ORL22B.

120 F.Supp.2d 1005 (2000)

LOGGERHEAD TURTLE (Caretta caretta), Green Turtle (Chelonia mydas), Leatherback Turtle (Dermochelys coriacea), Shirley Reynolds and Rita Alexander, Plaintiffs, v. The COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, a political sub-division of the State of Florida and Bruce Babbitt, in his official capacity as Secretary of the United States Department of the Interior, an agency of the United States of America, Defendants.

United States District Court, M.D. Florida, Orlando Division.

May 17, 2000.

Attorney(s) appearing for the Case

Peter J.B. Zies, Zies Brothers, P.A., Maitland, FL, Lesley Gay Blackner, Blackner, Stone & Assoc., Palm Beach, FL, for plaintiffs.

Jeffrey D. Keiner, John A. Kirst, Jr., Charles W. Sell, Theodore L. Shinkle, Russell S. Kent, Gray, Harris & Robinson, P.A., Orlando, FL, Jamie Ellen Seaman, Daniel D. Eckert, Volusia County Legal Department, Deland, FL, for The County Council of Volusia County, Florida, a political subdivision of the State of Florida, defendant.

Environmental Council of Volusia and Flagler Counties, Environmental Council of Volusia & Flagler Counties, R.P. Haviland, P.E., Daytona Beach, FL, movant pro se.

I. Randall Gold, U.S. Attorney's Office, Middle District of Florida, Orlando, FL, Mark A. Brown, Wildlife & Marine Resources Section, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for Bruce Babbitt, in his official capacity as Secretary of the United States Department of the Interior, an agency of the United States of America, defendant.

ORDER

CONWAY, District Judge.

The Court now considers the parties' cross-motions for summary judgment on all remaining issues in this action. Plaintiffs, the Loggerhead, Leatherback, and Green Sea Turtles, Shirley Reynolds, and Rita Alexander (collectively "the Plaintiffs"), seek judicial review under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., of the United States Fish and Wildlife Service's decision to issue an Incidental...

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