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RANCHO VIEJO, LLC v. NORTON

No. 01-5373.

323 F.3d 1062 (2003)

RANCHO VIEJO, LLC, Appellant, v. Gale A. NORTON, Secretary of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 1, 2003.

Attorney(s) appearing for the Case

John C. Eastman argued the cause for appellant. With him on the briefs were Hugh Hewitt, Steven B. Imhoof, John W. Wilmer, Jr., and Gregory D. Russell.

M. Reed Hopper and Anne M. Hayes were on the brief for amicus curiae Pacific Legal Foundation in support of reversal.

Katherine J. Barton, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Ellen J. Durkee and Seth M. Barsky, Attorneys. David C. Shilton, Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

Concurring opinion filed by Chief Judge GINSBURG.

GARLAND, Circuit Judge:

Rancho Viejo is a real estate development company that wishes to construct a 202-acre housing development in San Diego County, California. The United States Fish and Wildlife Service determined that Rancho Viejo's construction plan was likely to jeopardize the continued existence...

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