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CTR. FOR BIOLOGICAL DIVERSITY v. UNITED STATES EPA

20-cv-6572 (JSR).

542 F.Supp.3d 232 (2021)

CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

United States District Court, S.D. New York.

Signed June 2, 2021.

Attorney(s) appearing for the Case

Todd Douglas Ommen , Pace Environmental Litigation Clinic, Inc., White Plains, NY, for Plaintiffs Riverkeeper, Inc., Waterkeeper Alliance, Inc.

Jared Margolis , Center for Biological Diversity, Eugene, OR, Todd Douglas Ommen , Pace Environmental Litigation Clinic, Inc., White Plains, NY, for Plaintiff Center for Biological Diversity.

Lucas Estlund Issacharoff , Rachael Lightfoot Doud , United States Attorney's Office, New York, NY, for Defendants.

OPINION

This suit challenges the failure of the U.S. Environmental Protection Agency ("EPA") to consult with the Fish and Wildlife Service ("FWS") and the National Marine Fisheries Service ("NMFS") in connection with a temporary nonenforcement policy (the "Policy") the EPA published in March 2020 in response to...

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