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SCARBOROUGH CITIZENS v. U.S. FISH AND WILDLIFE SVC.

No. 11-1597.

674 F.3d 97 (2012)

SCARBOROUGH CITIZENS PROTECTING RESOURCES; David T. Paul, Paul Austin, Susan DeWitt Wilder, Plaintiffs, Appellants, v. U.S. FISH AND WILDLIFE SERVICE; Marvin Moriarty, Northeast Regional Director, U.S. Fish and Wildlife Service; Paul LePage, Governor, State of Maine; Chandler Woodcock, Commissioner, Maine Department of Inland Fisheries and Wildlife; and Patricia Aho, Commissioner, Maine Department of Environmental Protection, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 22, 2012.

Attorney(s) appearing for the Case

Stephen F. Hinchman with whom Law Offices of Stephen F. Hinchman, LLC was on brief for appellants.

Evan J. Roth , Assistant United States Attorney, with whom Thomas E. Delahanty II , United States Attorney, was on brief for the federal defendants, appellees.

Paul Stern , Deputy Attorney General, with whom Gerald D. Reid and Mark Randlett , Assistant Attorneys General, Office of the Attorney General, were on brief for the state defendants, appellees.

Before BOUDIN, SELYA and STAHL, Circuit Judges.

BOUDIN, Circuit Judge.

This litigation concerns a segment of the Eastern Trail in Scarborough, Maine. The Eastern Trail is a public recreational trail which is part of a network of trails running along the Eastern Seaboard. http://www. easterntrail.org. The portion of the Trail at issue in this case is over three miles long, runs through a 32-acre tract of land owned by the state of Maine, and is used in part for recreation and to access the state-managed Scarborough...

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