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NORTH AMERICAN BUTTERFLY ASSOCIATION v. WOLF

No. 19-5052.

977 F.3d 1244 (2020)

NORTH AMERICAN BUTTERFLY ASSOCIATION, Appellant v. Chad F. WOLF, in his official capacity as Acting Secretary, United States Department of Homeland Security, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 13, 2020.

Attorney(s) appearing for the Case

Timothy K. Beeken , New York, NY, argued the cause and filed the briefs for appellant.

Jeffrey S. Beelaert , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, and Eric Grant , Deputy Assistant Attorney General.

Dissenting opinion filed by Circuit Judge Millett.

The National Butterfly Center, a 100-acre wildlife sanctuary and botanical garden owned by the nonprofit North American Butterfly Association, lies along the border between the United States and Mexico. Butterfly Center staff discovered in 2017 that a segment of the wall the U.S. Department of Homeland Security (DHS) plans...

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