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  5. 852 F.Supp. 32 (1994)
 

ENDANGERED SPECIES COMMITTEE v. BABBITT

Civ. No. 92-2610 (SS).

852 F.Supp. 32 (1994)

ENDANGERED SPECIES COMMITTEE OF the BUILDING INDUSTRY ASSOCIATION OF SOUTHERN CALIFORNIA, et al., Plaintiffs, v. Bruce BABBITT, Secretary of the Department of Interior, et al., Defendants.

United States District Court, District of Columbia.

As Amended on Motion to Reconsider June 16, 1994.

Attorney(s) appearing for the Case

James M. Picozzi, Nossaman, Guthner, Knox & Elliott, Irvine, CA, Endangered Species Committee of the Bldg. Industry Ass'n of Southern California.

James M. Picozzi, Robert D. Thornton, Nossaman, Guthner, Knox & Elliott, Irvine, CA, for Foothill/Eastern Transp. Corridor Agency, San Joaquin Hills Transp. Corridor Agency.

Christiana P. Perry, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for defendants.

MEMORANDUM OPINION AND ORDER

SPORKIN, District Judge.

Plaintiffs here seek review of the Secretary of the Interior's final rule, 58 Fed.Reg. 16,742, listing the coastal California Gnatcatcher (Polioptila californica californica) (P.c.c.) as a threatened species under the Endangered Species Act, 16 U.S.C. § 1531 et seq. Parties have filed cross motions for summary judgment.

I. FACTUAL BACKGROUND

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