Charles Gilbert GIBBS; Richard Lee Mann, III; Hyde County, North Carolina; Washington County, North Carolina, Plaintiffs-Appellants,
v.
Bruce BABBITT, Secretary of the Interior, in his official capacity; United States Fish and Wildlife Service; United States Department of the Interior; Jamie Clark, Director of the U.S. Fish and Wildlife Service, Defendants-Appellees,
Defenders of Wildlife, Intervenor-Appellee.
Pacific Legal Foundation; National Wilderness Institute; Washington Legal Foundation; The Allied Education Foundation; National Wildlife Federation; North Carolina Wildlife Federation; Environmental Defense Fund; World Wildlife Fund; Center for Marine Conservation, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 28, 1999
Decided June 6, 2000
Attorney(s) appearing for the Case
ARGUED: Sean Eric Andrussier, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Raleigh, North Carolina, for Appellants. Andrew Christopher Mergen, United States Department of Justice, Washington, D.C.; Timothy Joseph Preso, Miller, Cassidy, Larroca & Lewin, L.L.P., Washington, D.C., for Appellees.
ON BRIEF: E. Lawrence Davis, III, Christopher T. Graebe, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Raleigh, North Carolina, for Appellants. Peter Coppelman, Acting Assistant Attorney General, David C. Shilton, Charles Carson, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C.; John Ebersole, David Gayer, United States Department of the Interior, Washington, D.C., for Federal Appellees. Scott L. Nelson, Miller, Cassidy, Larroca & Lewin, L.L.P., Washington, D.C.; Katherine Meyer, Meyer & Glitzenstein, Washington, D.C.; Derb S. Carter, Jr., Southern Environmental Law Center, Chapel Hill, North Carolina, for Appellee Defenders of Wildlife. M. Reed Hopper, Anne M. Hayes, Pacific Legal Foundation, Sacramento, California, for Amici Curiae Pacific Legal Foundation, et al. Daniel J. Popeo, Paul D. Kamenar, Washington Legal Foundation, Washington, D.C., for Amici Curiae Washington Legal Foundation, et al. James B. Dougherty, Washington, D.C., for Amici Curiae National Wildlife Federation, et al. Louis R. Cohen, James R. Wrathall, Matthew A. Brill, Susan A. MacIntyre, Wilmer, Cutler & Pickering, Washington, D.C.; Michael J. Bean, Environmental Defense Fund, Washington, D.C.; Christopher E. Williams, World Wildlife Fund, Washington, D.C.; Wm. Robert Irvin, Center for Marine Conservation, Washington, D.C., for Amici Curiae Environmental Defense Fund, et al.
Before WILKINSON, Chief Judge, and LUTTIG and MICHAEL, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge MICHAEL joined. Judge LUTTIG wrote a dissenting opinion.
OPINION
WILKINSON, Chief Judge:
In this case we ask whether the national government can act to conserve scarce natural resources of value to our entire country. Appellants challenge the constitutionality of a Fish and Wildlife Service regulation that limits the taking of red wolves on private land...
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