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CENTER FOR BIOLOGICAL DIVERSITY v. PIRIE

No. CIV.A. 00-3044(EGS).

201 F.Supp.2d 113 (2002)

CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. Robert B. PIRIE, Jr., Acting Secretary of the Navy; Donald H. Rumsfeld, Secretary of Defense, Defendants.

United States District Court, District of Columbia.

May 1, 2002.

Attorney(s) appearing for the Case

Howard Irving Fox, Earth Justice Legal Defense Fund, Washington, DC, Paul H. Achitoff, Earthjustice Legal Defense Fund, Honolulu, HI, for Plaintiff.

Mark L. Stermitz, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Defendants.

Roger Michael Golden, Fenwick & West, L.L.P., Washington, DC, for Amicus.

Paul Douglas Kamenar, Washington Legal Foundation, Washington, DC, for Movant.

MEMORANDUM OPINION AND ORDER

SULLIVAN, District Judge.

Plaintiff Center for Biological Diversity (CBD) filed this lawsuit to prevent the use by the United States military of live fire training exercises on the island of Farallon de Medinilla (FDM) because such exercises kill and otherwise harm several species of migratory birds without a permit, in violation of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. § 703 et seq., and the Administrative...

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