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OREGON NATURAL DESERT ASS'N v. LOHN

Civil Case No. 06-946-KI.

485 F.Supp.2d 1190 (2007)

OREGON NATURAL DESERT ASS'N and Center for Biological Diversity, Plaintiffs, v. D. Robert LOHN, Regional Administrator, Nat'l Marine Fisheries Serv., Nat'l Marine Fisheries Serv., Carlos M. Gutierrez, Secretary, U.S. Department of Commerce, David R. Allen, Regional Director, U.S. Fish and Wildlife Service, Gary S. Miller, Field Supervisor, U.S. Fish and Wildlife Service, U.S. Fish and Wildlife Service, and Dirk Kempthorne, Secretary, U.S. Department of the Interior, Defendants.

United States District Court, D. Oregon.

April 16, 2007.

Attorney(s) appearing for the Case

Kristin F. Ruether, Peter M. Lacy, Oregon Natural Desert Association, Portland, OR, Stephanie M. Parent, Portland, OR, for Plaintiffs.

Jill S. Gelineau, Schwabe, Williamson & Wyatt, P.C., Portland, OR, M. Reed Hopper, Damien M. Schiff, Pacific Legal Foundation, Sacramento, CA, for Applicant Defendant-Intervenors.

Karin J. Immergut, United States Attorney, District of Oregon, Stephen J. Odell, Assistant United States Attorney, Portland, OR, Matthew McKeown, Acting Assistant Attorney General, Jean E. Williams, Lisa L. Russell, Meredith L. Flax, U.S. Department of Justice, Environment & Natural Resources Division, Wildlife & Marine, Resources Section, Washington, D.C., for Federal Defendants.

OPINION AND ORDER

KING, District Judge.

Two environmental organizations, the Oregon Natural Desert Association and the Center for Biological Diversity, bring an action against the National Marine Fisheries Service ("NMFS") and the U.S. Fish & Wildlife Service ("FWS") and several individuals in their official capacity (collectively, "federal defendants"), alleging violations of the Endangered Species Act ("ESA"). Before the court are the Cross-Motions...

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