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DEER v. PAULISON

No. 05-16374.

522 F.3d 1133 (2008)

FLORIDA KEY DEER (Odocoileus virginianus clavium), National Wildlife Federation, et al., Plaintiffs-Appellees, v. R. David PAULISON, in his official capacity as Acting Director of The Federal Emergency Management Agency, an Agency of the United States of America, P. Lynn Scarlett, in her official capacity as Secretary of the United States Department of the Interior, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 1, 2008.

Attorney(s) appearing for the Case

Robert J. Lundman, U.S. Dept. of Justice, ENR, Washington, DC, for Defendants-Appellants.

Mary Randolph Sargent, John F. Kostyack, Nat. Wildlife Fed., Washington, DC, for Plaintiffs-Appellees.

Thomas C. Jackson, Baker Botts, LLP, Washington, DC, for Amicus Curiae, Nat. Ass'n of Home Builders.

Tamara McNierney Scrudders, Johnson, Anselmo, Murdoch, Burke, Piper & McDuff, Ft. Lauderdale, FL, for Amicus Curiae, Monroe Cty., FL.

Valerie Fernandez, Pac. Legal Found., Stuart, FL, for Amicus Curiae, Pac. Legal Found.

James B. Dougherty, Law Office of J.B. Dougherty, Washington, DC, for Amicus Curiae, Taxpayers for Common Sense.

Before ANDERSON and BARKETT, Circuit Judges, and TRAGER, District Judge.

BARKETT, Circuit Judge:

The Federal Emergency Management Agency ("FEMA") and the U.S. Fish and Wildlife Service ("FWS") appeal from an adverse summary judgment and grant of injunctive relief. The district court found that FEMA and the FWS failed to comply with section 7 of the Endangered Species Act, with regard to FEMA's administration of the National Flood Insurance Program in the Florida Keys.1 FEMA and the FWS maintain that section...

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