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DEFENDERS OF WILDLIFE v. DEPT. OF TRANSP.

No. 2:11-CV-35-FL.

971 F.Supp.2d 510 (2013)

DEFENDERS OF WILDLIFE and National Wildlife Refuge Association, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; Federal Highway Administration; John F. Sullivan, III, Division Administrator, Federal Highway Administration; and Eugene A. Conti, Jr., Secretary, North Carolina Department of Transportation, Defendants, and Cape Hatteras Electric Membership Corporation, Intervenor-Defendant.

United States District Court, E.D. North Carolina, Northern Division.

September 16, 2013.

Attorney(s) appearing for the Case

Derb S. Carter, Jr. , Nicholas S. Torrey , Julia F. Youngman , Southern Environmental Law Center, Chapel Hill, NC, Jason C. Rylander , Defenders of Wildlife, Robert M. Morgan , National Wildlife Refuge Association, Washington, DC, for Plaintiffs.

Thomas Daniel Henry, II , Colin Alan Justice, Tammy Alice Bouchelle , North Carolina Department of Justice, Scott T. Slusser , N.C. Attorney General's Office, Matthew Lee Fesak , U.S. Attorney's Office, Raleigh, NC, Beverly F. Li , U.S. Department of Justice, Washington, DC, for Defendants.

ORDER

LOUISE W. FLANAGAN, District Judge.

This matter comes before the court on motion of Defenders of Wildlife and National Wildlife Refuge Association (collectively "plaintiffs") for summary judgment (DE 74). Defendants North Carolina Department of Transportation ("NCDOT") and Eugene A. Conti, Jr. ("state defendants") responded and filed cross-motion for summary judgment (DE 79). Defendants Federal Highway Administration ("FHWA") and John F. Sullivan,...

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