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NATIONAL WILDLIFE FEDERATION v. NORTON

No. CIV-S-03-0278 DFL/JFM.

306 F.Supp.2d 920 (2004)

NATIONAL WILDLIFE FEDERATION, Environmental Council of Sacramento, Friends of the Swainson's Hawk, Planning and Conservation League, and Sierra Club, Plaintiffs, v. Gale A. NORTON, Secretary of the Interior, and Steven A. Williams, Director, United States Fish and Wildlife Service, Defendants.

United States District Court, E.D. California.

February 4, 2004.

Attorney(s) appearing for the Case

Laura Marie Robb, Earthjustice Legal Defense Fund Inc., Oakland, CA, John F. Kostyack, Esq., National Wildlife Federation, Washington, D.C., for National Wildlife Federation and Sierra Club.

Edmund F. Brennan, Assistant U.S. Attorney, Sacramento, CA, Keith W. Rizzardi, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C., for Defendant Gale A. Norton.

Edmund F. Brennan, Esq., Assistant U.S. Attorney, Sacramento, CA, for Defendant Steven A. Williams, Director of U.S. Fish and Wildlife Service.

MEMORANDUM OF OPINION AND ORDER

LEVI, Chief Judge.

Plaintiffs are various environmental organizations who challenge the Secretary of the Interior's issuance of an incidental take permit under the Endangered Species Act ("Act") for the proposed Metro Air Park ("Metro") development. The development is located adjacent to the Sacramento International Airport in an area of Sacramento known as North Natomas.1 Based on Metro...

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