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CENTER FOR BIOLOGICAL DIVERSITY v. HAMILTON

No. 05-15851.

453 F.3d 1331 (2006)

CENTER FOR BIOLOGICAL DIVERSITY, Sierra Club, Southern Appalachian Biodiversity Project, Georgia Forestwatch, Plaintiffs-Appellants, v. Sam HAMILTON, Regional Director, Region 4, United States Fish and Wildlife Service, Steven Williams, Director, United States Fish and Wildlife Service, Dirk Kempthorne, Secretary of the Interior, Department of Interior, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 28, 2006.

Attorney(s) appearing for the Case

Lawrence D. Sanders, Turner Environmental Law Clinic-Emory University Sch. of Law, Justine Thompson, GA Ctr. for Law in the Pub. Interest, Atlanta, GA, for Plaintiffs-Appellants.

Anna Katselas, U.S. Dept. of Justice, Washington, DC, for Defendants-Appellees.

Before BLACK and PRYOR, Circuit Judges, and CONWAY, District Judge.

PER CURIAM:

The Center for Biological Diversity appeals the dismissal of its complaint as untimely under the six-year statute of limitations for suits against the United States. See 28 U.S.C. § 2401(a). This appeal raises an issue of first impression for the Courts of Appeals: whether the failure of the Secretary of the Department of the Interior to perform the nondiscretionary duty to designate a critical habitat for a threatened species is a continuing...

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