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ALABAMA-TOMBIGBEE RIVERS COALITION v. NORTON

No. 02-14423.

338 F.3d 1244 (2003)

ALABAMA-TOMBIGBEE RIVERS COALITION, an Alabama nonprofit corporation, Parker Towing Co., Inc., an Alabama corporation, Charles A. Haun, an individual, Plaintiffs-Appellants, v. Gale NORTON, Secretary of the United States Department of the Interior, Sam Hamilton, Regional Director of the United States Fish and Wildlife Service, United States Department of the Interior, United States Fish and Wildlife Service, an agency of the United States Department of the Interior, Steve Williams, Director of Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 23, 2003.

Attorney(s) appearing for the Case

P. Stephen Gidiere, III, John Russell Campbell, William Hughes Satterfield, Robert P. Fowler, Balch & Bingham, LLP, Birmingham, AL, for Plaintiffs-Appellants.

Jenny Lynn Smith, Birmingham, AL, Todd Kim, U.S. Dept. of Justice, ENRD-App. Section, Washington, DC, for Defendants-Appellees.

David E. Haddock, Reed Hopper, Pac. Legal Foundation, Sacramento, CA, for Pac. Legal Foundation, Amicus Curiae.

Before EDMONDSON, Chief Judge, CARNES, Circuit Judge, and STORY, District Judge.

STORY, District Judge:

This case involves a business organization's standing to challenge a decision by the Secretary of the Interior to list the Alabama sturgeon as an endangered species pursuant to the Endangered Species Act of 1973 (ESA), 16 U.S.C. §§ 1531-44. The district court held that Appellants lacked standing and entered summary judgment for Appellees. We reverse and remand.

Appellant Alabama-Tombigbee Rivers Coalition is an Alabama non...

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