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ALABAMA-TOMBIGBEE RIVERS COALITION v. KEMPTHORNE

No. 05-17164.

477 F.3d 1250 (2007)

ALABAMA-TOMBIGBEE RIVERS COALITION, an Alabama nonprofit corporation, Parker Towing Company, Inc., an Alabama corporation, Charles A. Haun, an individual, Plaintiffs-Appellants, v. Dirk KEMPTHORNE, Secretary of the United States Department of the Interior, Sam Hamilton, Regional Director of the United States Fish and Wildlife Service, U.S. Department of the Interior, U.S. Fish and Wildlife Service, an agency of the United States Department of the Interior, Steve Williams, Director of Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 8, 2007.

Attorney(s) appearing for the Case

Thomas Lee Casey, III, Robert P. Fowler, Jeffrey Heath Wood, William Hughes Satterfield, Balch & Bingham, LLP, Birmingham, AL, for Plaintiffs-Appellants.

Robert H. Oakley, U.S. Dept. of Justice-ENRD-App. Section, Washington, DC, for Defendants-Appelees.

Reed Hopper, Pac. Legal Foundation, Sacramento, CA, Jason C. Rylander, Defenders of Wild Life, Washington, DC, for Amici Curiae.

Before CARNES, MARCUS and KRAVITCH, Circuit Judges.

CARNES, Circuit Judge:

Two fish, or not two fish? That is the question. More specifically, are the Alabama sturgeon and the shovelnose sturgeon separate species? The answer lies primarily in the field of taxonomy, which one observer has noted "is described sometimes as a science and sometimes as an art, but really it's a battleground." Bill Bryson, A Short History of Nearly Everything 437 (2003). The battle over the Alabama sturgeon has been more like the Thirty...

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