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U.S. v. COALITION FOR BUZZARDS BAY

Nos. 10-1664, 10-1668.

644 F.3d 26 (2011)

UNITED STATES et al., Plaintiffs, Appellees, v. COALITION FOR BUZZARDS BAY et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided May 17, 2011.

Attorney(s) appearing for the Case

Seth Schofield , Assistant Attorney General, with whom Martha Coakley , Attorney General, and Pierce O. Cray , Assistant Attorney General, were on brief, for appellants Commonwealth of Massachusetts et al.

Jonathan M. Ettinger , Elisabeth M. DeLisle , Amy E. Boyd , and Foley Hoag LLP on brief for intervenor-appellant Coalition for Buzzards Bay.

Philip N. Beauregard on brief for Towns of Bourne, Fairhaven, Falmouth, Gosnold, Marion, Mattapoisett, Rochester, Wareham, and Westport, and City of New Bedford, amici curiae.

Anisha S. Dasgupta , Attorney, Appellate Staff, Civil Division, United States Department of Justice, with whom Tony West , Assistant Attorney General, Carmen M. Ortiz , United States Attorney, and Mark B. Stern , Attorney, Appellate Staff, were on brief, for federal appellees.

C. Jonathan Benner , with whom Jeffrey Orenstein and Reed Smith LLP were on brief, for intervenors-appellees American Waterways Operators et al.

Before BOUDIN, SELYA and HOWARD, Circuit Judges.

SELYA, Circuit Judge.

Buzzards Bay is a brilliant jewel in the diadem of Massachusetts waters. It comprises an inlet flowing landward from the Atlantic Ocean, thirty miles long and up to ten miles wide. Many people regard it as the gateway to Cape Cod.

The name "Buzzards Bay" is a fluke. Folklore has it that early settlers mistook an indigenous flight of ospreys for buzzards, and the rest is history.

The bay is not only a spectacularly beautiful natural...

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