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WASHINGTON TOXICS COALITION v. U.S. DEPT. OF INT.

No. C04-1998C.

457 F.Supp.2d 1158 (2006)

WASHINGTON TOXICS COALITION; Northwest Coalition for Alternatives to Pesticides; National Wildlife Federation; Defenders of Wildlife; Natural Resources Defense Council; Center for Biological Diversity; Pacific Coast Federation of Fishermen's Associations; Institute for Fisheries Resources; and Helping our Peninsula's Environment, Plaintiffs, v. UNITED STATES DEPARTMENT OF INTERIOR; FISH AND WILDLIFE SERVICE; United States Department of Commerce; and National Marine Fisheries Service;, Defendants, and Croplife America; Washington Friends of Farms and Forests; Washington State Potato Commission; National Potato Council; Washington State Farm Bureau; Idaho Farm Bureau; Federation of Wheat Growers; Washington Golf Course Superintendents Association; Hop Growers of Washington; and Washington State Horticultural Association;, Defendant-Intervenors.

United States District Court, W.D. Washington, at Seattle.

August 24, 2006.

Attorney(s) appearing for the Case

Jan Hasselman, Patti A. Goldman, Earthjustice Legal Defense Fund, Seattle, WA, for Plaintiffs.

James A. Maysonett, U.S. Department of Justice, Washington, DC, for Defendants.

J. Michael Klise, Crowell & Moring, Washington, DC, John James Leary, Jr., Leary Franke Droppert, Elaine L. Spencer, Graham & Dunn, Seattle, WA, Russell C. Brooks, Pacific Legal Foundation, Bellevue, WA, for Defendant-Intervenors.

ORDER

COUGHENOUR, District Judge.

TABLE OF CONTENTS

I. INTRODUCTION...............................................................1163

II. BACKGROUND................................................................1163
    A. Statutory and regulatory context of ESA section 7 consultations........1163
    B. Promulgation of the counterpart regulations regarding FIFRA actions....1163
    C. Effect of counterpart regulations .................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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