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BUILDING INDUSTRY LEGAL DEFENSE FOUND. v. NORTON

No. CIV.A. 01-2311(JDB).

231 F.Supp.2d 100 (2002)

BUILDING INDUSTRY LEGAL DEFENSE FOUNDATION, et al., Plaintiffs, v. Gale NORTON, Secretary of the Interior, et al., Defendants, and Center For Biological Diversity, Inc. and Defenders Of Wildlife, Inc. Intervenors/Defendants.

United States District Court, District of Columbia.

October 30, 2002.

Attorney(s) appearing for the Case

Robert D. Thornton, Nossaman, Gunther, Knox & Elliot, L.L.P., Irvine, CA.

Matt Kenna, Kenna & Hickcox, P.C., Durango, CO.

Michael P. Senatore, Defenders of Wildlife, Washington.

Kristen Gustafson, United States Department of Justice, Environment and Natural Resources Division, Washington.

MEMORANDUM OPINION

BATES, District Judge.

Plaintiffs bring this case under the Endangered Species Act of 1973 ("ESA"), 16 U.S.C. § 1531, et seq., the Administrative Procedure Act, 5 U.S.C. § 551, et seq., the Regulatory Flexibility Act, 5 U.S.C. § 601, et seq., the Small Business Regulatory Enforcement Act, 5 U.S.C. § 801, et seq., and the National Environmental Policy Act, 42 U.S.C. § 4321,

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