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CENTER FOR BIOLOGICAL DIVERSITY v. U.S. FISH AND WILDLIFE SERVICE

No. CIV.A. 03-1110(JDB).

350 F.Supp.2d 23 (2004)

CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, v. U.S. FISH AND WILDLIFE SERVICE, et al., Defendants.

United States District Court, District of Columbia.

December 14, 2004.

Attorney(s) appearing for the Case

James B. Dougherty, Law Office of J.B. Dougherty, Washington, DC, Judith M. Brawer, Advocates for the West, Boise, ID, for Plaintiffs.

Robert Lee Gulley, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

BATES, District Judge.

In this action brought under the citizen suit provision of the Endangered Species Act ("ESA"), 16 U.S.C. § 1540(g), and the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-706, the Center for Biological Diversity and the Western Watersheds Project (collectively, "plaintiffs") challenge as arbitrary and capricious the finding of the U.S. Fish and Wildlife Service ("FWS") that...

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