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GERBER v. BABBITT

No. CIV. A. 99-2374(JR).

146 F.Supp.2d 1 (2001)

John E. GERBER III, et al., Plaintiffs, v. Bruce BABBITT, Secretary, Department of the Interior, et al., Defendants, Winchester Creek Limited Partnership, Defendant-Intervenor.

United States District Court, District of Columbia.

May 15, 2001.

Attorney(s) appearing for the Case

Eric R. Glitzenstein, Daniel R. Vice, Jonathan R. Lovvorn, Meyer & Glitzenstein, Washington, DC, for Plaintiffs.

Mark L. Stermitz, Caroline Blanco, U.S. Department of Justice, Environment and Natural Resources Division, Wildlife and Marine Resources Section, Washington, DC, for Defendants.

Rafe Petersen, Holland & Knight LLP, Washington, DC, for Defendant-Intervenor.

James B. Dougherty, Washington, DC, for Amici National Wildlife Federation.

David H. Thompson, Cooper, Carvin & Rosenthal, Washington, DC, M. Reed Hopper, Anne M. Hayes, Pacific Legal Foundation, Sacramento, CA, for Amici Pacific Legal Foundation.

MEMORANDUM

ROBERTSON, District Judge.

Plaintiffs bring this action claiming that the Fish and Wildlife Service violated the National Environmental Policy Act, the Endangered Species Act, and the Administrative Procedures Act by issuing an Incidental Take Permit (ITP) for the Delmarva fox squirrel in connection with the construction of the Home Port Development at Winchester Creek in Queens County, Maryland...

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