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CENTER FOR BIO. DIVERSITY v. U.S. FISH WILDLIFE

No. 05-165-KI.

402 F.Supp.2d 1198 (2005)

CENTER FOR BIOLOGICAL DIVERSITY, Oregon Natural Resources Council, Pacific Rivers Council, and Waterwatch, Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, Defendant. and Building Industry Association of Washington, Washington Farms Bureau, Washington Contract Loggers Association, Inc., Washington State Dairy Federation, and Washington Cattlemen's Association, Defendant-Intervenors.

United States District Court, D. Oregon.

November 16, 2005.

Attorney(s) appearing for the Case

Michael Mayer, Patti Goldman, Earthjustice, Seattle, WA, Stephanie Parent, Pacific Environmental Advocacy Center, Portland, OR, for Plaintiff.

Kelly A. Johnson, Acting Assistant Attorney General, Jean Williams, Lisa L. Russell, Meredith L. Flax, U.S. Department of Justice, Environment & Natural Resources Division, Wildlife & Marine Resources Section, Washington, DC, for Defendant.

Ross Day, Oregonians in Action, Tigard, Russell C. Brooks, Pacific Legal Foundation, Bellevue, WA, for Defendant-Intervenors.

OPINION AND ORDER

KING, District Judge.

Plaintiffs challenge defendant United States Fish and Wildlife Service's ("FWS") decision under the Endangered Species Act ("ESA") that a listing of the Southwestern Washington/Columbia River Distinct Population Segment of coastal cutthroat trout is not warranted. Before the court are cross motions for summary judgment filed by plaintiffs, FWS, and defendant-intervenors.1 For the reasons...

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