NATIVE FEDERATION v. BOZOVICH TIMBER PRODUCTS, INC.

Slip Op. 07-57, Court No. 06-00181.

491 F.Supp.2d 1174 (2007)

NATIVE FEDERATION OF the MADRE DE DIOS RIVER AND TRIBUTARIES; Racimos De Ungurahui Working Group; and Natural Resources Defense Council, Inc., Plaintiffs, v. BOZOVICH TIMBER PRODUCTS, INC.; TBM Hardwoods, Inc.; T. Baird McIlvain International Co.; United States Department of the Interior; United States Fish and Wildlife Service; United States Department of Agriculture; Animal and Plant Health Inspection Service; United States Department of Homeland Security; United States Customs and Border Protection; Secretary of the Interior; Director of the United States Fish and Wildlife Service; Secretary of Agriculture; Administrator of Animal and Plant Health Inspection Service; Secretary of Homeland Security; and Commissioner of United States Customs and Border Protection, Defendants.

United States Court of International Trade.

April 16, 2007.


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City (Robert A. Bourque, Kyle A. Lonergan and Scott D. Laton); Natural Resources Defense Council, Inc. (Mitchell S. Bernard and Thomas Cmar); Schonbrun DeSimone Seplow Harris & Hoffman LLP (Paul Hoffman), of counsel, for plaintiffs Native Federation of the Madre de Dios River and Tributaries; Racimos de Ungurahui Working Group; and the Natural Resources Defense Council, Inc.

Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Stephen C. Tosini), for defendants U.S. Department of the Interior; U.S. Fish and Wildlife Service; U.S. Department of Agriculture; Animal and Plant Health Inspection Service; U.S. Department of Homeland Security; U.S. Customs and Border Protection; Secretary of the Interior; Director of the U.S. Fish and Wildlife Service; Secretary of Agriculture; Administrator of Animal and Plant Health Inspection Service; Secretary of Homeland Security; and Commissioner of the U.S. Customs and Border Protection.

Hogan & Hartson LLP, Washington, DC (Patrick D. Traylor and Jonathan T. Stoel), for defendants Bozovich Timber Products, Inc.; TBM Hardwoods, Inc.; and T. Baird Mcllvain International Company.

Before: Richard K. Eaton, Judge.


OPINION

EATON, Judge.

Before the court are the amended motion for a preliminary injunction of plaintiffs Native Federation of the Madre de Dios River and Tributaries; Racimos de Ungurahui Working Group; and the Natural Resources Defense Council, Inc. ("plaintiffs") and the motions to dismiss of the U.S. Department of the Interior; the U.S. Fish and Wildlife Service ("FWS"); the U.S. Department of Agriculture...

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