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CENTER FOR BIOLOGICAL DIVERSITY v. SALAZAR

Civil Action No. 09-1684 (RMC).

770 F.Supp.2d 68 (2011)

CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, v. Kenneth SALAZAR, Secretary, U.S. Department of the Interior, et al., Defendants, and Miccosukee Tribe of Indians of Florida, Defendant-Intervenor.

United States District Court, District of Columbia.

March 16, 2011.

Attorney(s) appearing for the Case

Eric Robert Glitzenstein , Howard M. Crystal , Meyer Glitzenstein & Crystal, Washington, DC, for Plaintiffs.

Kristen Byrnes Floom , U.S. Department of Justice, Washington, DC, for Defendants.

Waldemar Jacob Pflepsen, Jr. , Jorden Burt, LLP, Washington, DC, Claudio Riedi , Lehtinen Riedi Brooks Moncaz, PA, Sonia Escobio O'Donnell , Jorden Burt LLP, Dexter W. Lehtinen , Miami, FL, for Defendant-Intervenor.

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

Did the Secretary of the U.S. Department of the Interior appropriately exercise executive discretion when he failed to designate the area containing sub-population A of the Cape Sable seaside sparrow as critical habitat because the designation would most likely interfere with the Comprehensive Everglades Restoration Plan which will return more natural water flows to the Everglades? Balancing these competing...

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