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NATIONAL ASS'N OF HOME BUILDERS v. NORTON

No. CIV.A.00-2155(JDB).

298 F.Supp.2d 68 (2003)

NATIONAL ASSOCIATION OF HOME BUILDERS, et al., Plaintiffs, v. Gale A. NORTON, Secretary, U.S. Department of the Interior, et al., Defendants.

United States District Court, District of Columbia.

December 24, 2003.

Attorney(s) appearing for the Case

Robert D. Thornton, Nossaman, Guthner, Knox & Elliott, L.L.P., Irvine, CA, Counsel for plaintiffs.

Andrew J. Doyle, Department of Justice, Environment & Natural Resources Division, Washington, DC, Counsel for defendants.

MEMORANDUM OPINION

BATES, District Judge.

This case involves the recurrent theme of the tension between the interests of landowners and those of an endangered species—here a small butterfly found only in a few areas of southern California. In this thirtieth year of the Endangered Species Act ("ESA"), 16 U.S.C. § 1531 et seq., through which wildlife and their habitat were given the means...

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