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CITY OF DALLAS, TEX. v. HALL

No. 08-10890.

562 F.3d 712 (2009)

CITY OF DALLAS, TEXAS, Plaintiff-Appellant, v. H. Dale HALL, et al., Defendants-Appellees, and Texas Water Development Board, Plaintiff-Appellant, v. United States Department of the Interior, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 12, 2009.

Attorney(s) appearing for the Case

Thomas H. Edwards (argued), Austin, TX, for Plaintiff-Appellant.

Anna T. Katselas (argued), Brian McLachlan, U.S. Dept. of Justice, Environment & Nat. Resources Div., Washington, DC, Katherine Savers McGovern, Asst. U.S. Atty., Dallas, TX, for Defendants-Appellees.

Before SMITH and SOUTHWICK, Circuit Judges, and ENGELHARDT, District Judge.

ENGELHARDT, District Judge:

After preparing an Environmental Assessment ("EA") of the proposed Neches Wildlife Refuge in East Texas, the U.S. Fish & Wildlife Service ("FWS") announced its Finding of No Significant Impact ("FONSI"), obviating the need to prepare an Environmental Impact Statement ("EIS"). FWS then set an acquisition boundary for the refuge and accepted a conservation easement within that boundary. These actions precluded a reservoir the City of...

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