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SPIRIT OF SAGE COUNCIL v. KEMPTHORNE

Civil Action No. 98-1873 (EGS).

511 F.Supp.2d 31 (2007)

SPIRIT OF the SAGE COUNCIL, et al., Plaintiffs, v. Dirk KEMPTHORNE, Secretary of the Department of Interior, et al., Defendants.

United States District Court, District of Columbia.

August 30, 2007.

Attorney(s) appearing for the Case

Eric Robert Glitzenstein, Katherine A. Meyer, Howard M. Crystal, Tanya Sanerib, Meyer Glitzenstein & Crystal, Washington, DC, for Plaintiffs.

Jean Eva Williams, U.S. Department of Justice, Washington, DC, for Defendants.

Thomas R. Lundquist, Cromwell & Moring LLP, Washington, DC, Robert D. Thornton, Nossaman, Guthner, Knox, and Elliott, L.L.P., Irvine, CA, Donald C. Baur, Perkins Coie LLP, for American Forest & Paper Association, et al., Intervenor-Defendants.

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

Native American and environmental organizations and their members have brought this action challenging the validity of two federal rules under the Endangered Species Act ("ESA"), the No Surprises Rule and Permit Revocation Rule ("PRR", collectively "the Rules"), which were promulgated by the Fish and Wildlife Service ("FWS") and National Marine Fisheries Service ("NMFS", collectively "the Services...

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