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ENVIRONMENTAL PROTECTION INFO. v. SIMPSON TIMBER

No. 99-15896.

255 F.3d 1073 (2001)

ENVIRONMENTAL PROTECTION INFORMATION CENTER, a non-profit corporation, Plaintiff-Appellant, v. THE SIMPSON TIMBER COMPANY; Simpson Redwood Company; Arcata Redwood Company; United States Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2001.

Attorney(s) appearing for the Case

Neil Levine, Earthlaw, Denver, Colorado, for appellant Environmental Protection Information Center.

Alson R. Kemp, Pillsbury Madison & Sutro, San Francisco, California, for appellees Simpson Timber Company, Simpson Redwood Company and Arcata Redwood Company.

David C. Shilton, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for appellee United States Fish and Wildlife Service.

Before: DOROTHY W. NELSON, DAVID R. THOMPSON and STEPHEN S. TROTT, Circuit Judges.

Argued and Submitted October 2, 2000 — San Francisco, California.

Dissent by Judge D.W. Nelson.

DAVID R. THOMPSON, Circuit Judge:

The Environmental Protection Information Center ("EPIC") filed suit against the United States Fish and Wildlife Service ("FWS") and Simpson Timber Company, Simpson Redwood Company and Arcata Redwood Company ("Simpson"). EPIC alleged that the FWS violated section 7 of the Endangered Species Act ("ESA"), 16 U.S.C. ...

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