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SIERRA CLUB v. UNITED STATES DEPT. OF INTERIOR

No. 20-60319.

990 F.3d 909 (2021)

SIERRA CLUB; Defenders of Wildlife, Petitioners, v. UNITED STATES DEPARTMENT OF INTERIOR; Scott De La Vega, Acting Secretary, U.S. Department of the Interior, in his official capacity; United States Fish and Wildlife Service, an agency of the United States Department of the Interior; Aurelia Skipwith, in her official capacity as Director of the United States Fish and Wildlife Service; Charles Ardizzone, in his official capacity as Field Supervisor, Texas Coastal Ecological Services Field Office, Responsible Official, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED March 10, 2021.

Attorney(s) appearing for the Case

Devorah Ancel , Attorney, Rebecca McCreary , Sierra Club, Boulder, CO, Eric Eugene Huber , Senior Attorney, Sierra Club, for Petitioners.

Daniel Halainen , Environment & Natural Resources Division-Appellate Section, Washington, DC, Rebecca Jaffe , Environment & Natural Resources Division, Washington, DC, for Respondents.

Brett A. Snyder , Mark Richard Haskell, Esq. , Blank Rome, L.L.P., Washington, DC, for Intervenor.

Before King, Elrod, and Willett, Circuit Judges.

After years of review, the U.S. Fish & Wildlife Service issued a biological opinion and incidental take statement in connection with the construction and operation of a liquefied natural gas terminal in south Texas. Specifically, the U.S. Fish & Wildlife Service authorized the harm or harassment of one ocelot or jaguarundi...

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