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WILDEARTH GUARDIANS v. FISH AND WILDLIFE SERVICE

Case No. 2:07-cv-00837 CW.

622 F.Supp.2d 1155 (2009)

WILDEARTH GUARDIANS, et al., Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, Defendant.

United States District Court, D. Utah, Central Division.

April 22, 2009.

Attorney(s) appearing for the Case

Alletta Belin, Belin & Sugarman, Steven Sugarman, Santa Fe, NM, Janelle P. Eurick, Ray Quinney & Nebeker, Salt Lake City, UT, Charles Elliot Johnson, Park City, UT, for Plaintiffs.

John K. Mangum, U.S. Attorney's Office, Michael J. Malmquist, Parsons Behle & Latimer, Salt Lake City, UT, Kevin William McArdle, Lori Caramanian, U.S. Department of Justice, Denver, CO, Jimmy A. Rodriguez, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Defendant.

MEMORANDUM DECISION AND ORDER AFFIRMING AGENCY DECISION

CLARK WADDOUPS, District Judge.

INTRODUCTION

In this action, Plaintiffs1 challenge two permits issued by the United States Fish and Wildlife Service (the "Service") under the Endangered Species Act ("ESA"). The permits authorize Cedar City, Utah and the Paiute Indian Tribe to live trap and relocate Utah Prairie Dogs that are damaging the Cedar City municipal...

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