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SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY v. BABBITT

No. CIV 94-2036-PHX RMB.

926 F.Supp. 920 (1996)

SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY, a non-profit corporation; Greater Gila Biodiversity Project, a non-profit corporation; Peter Galvin, an individual; Ancient Forest Rescue, a non-profit organization; Biodiversity Legal Foundation, a non-profit corporation; Blue Mountain Biodiversity Project, a non-profit organization; Carson Forest Watch, a non-profit organization; Cove Mallard Coalition, a non-profit organization; Ecology Center, a non-profit organization; Forest Conservation Council, a non-profit organization; Forest Guardians, a non-profit organization; Friends of the Bow, a non-profit organization; Native Forest Network, a non-profit organization; Oregon Natural Resources Council, a non-profit corporation; Predator Project, a non-profit organization; Save The West, a non-profit organization; Siskiyou Regional Education Project, a non-profit organization; Southern Utah Wilderness Alliance, a non-profit corporation; T & E Inc., a non-profit organization; and Don Muller, an individual, Plaintiffs, v. Bruce BABBITT, Secretary of the Interior, Defendant.

United States District Court, D. Arizona.

February 22, 1996.

Attorney(s) appearing for the Case

Matthew Gilbert Kenna, Durango, Co. and Daniel John Rohlf, Portland, OR, for plaintiff.

Michael A. Johns, Asst. U.S. Attorney; Janet Napolitano, U.S. Attorney and Teri R. Thomsen, U.S. Department of Justice, for Babbit.

Norman D. James, Jay Lawrence Shapiro, Phoenix, Arizona, for Intervenors/amici.

ORDER

BILBY, District Judge.

I. INTRODUCTION

In this case, Plaintiffs seek to set aside the Fish and Wildlife Service's (FWS) June 16, 1992 decision as arbitrary and capricious under the Administrative Procedures Act, 5 U.S.C. § 706. The FWS decision found that the September 26, 1991 petition to list the northern goshawk west of the 100th meridian in the United States failed to present substantial...

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