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FRIENDS OF WILD SWAN v. U.S. FISH & WILDLIFE SERV.

Civil No. 94-1318-JO.

12 F.Supp.2d 1121 (1997)

FRIENDS OF THE WILD SWAN, INC.; et al., Plaintiffs, v. U.S. FISH & WILDLIFE SERVICE, an agency of the U.S. Department of the Interior; et al., Defendants.

United States District Court, D. Oregon.

December 4, 1997.

Attorney(s) appearing for the Case

Gary Keith Kahn, Reeves Kahn & Eder, Portland, OR, Jack R. Tuholske, Missoula, MT, for Plaintiffs.

Kristine Olson, U.S. Attorney, District of Oregon, Thomas C. Lee, Asst. U.S. Attorney, U.S. Attorney's Office, Portland, OR, Warigia M. Bowman, U.S. Department of Justice, Wildlife & Marine Resources Section, Washington, D.C., Scott W. Horngren, Haglund & Kirtley, Portland, OR, Bruce M. Smith, Rosholt Robertson & Tucker, Boise, ID, for Defendants, Amicus, and Intervenor-Defendants.

OPINION AND ORDER

ROBERT E. JONES, District Judge.

This case has been before this court several times in plaintiffs' efforts to give the bull trout the maximum protection available under the federal Endangered Species Act (ESA). As allowed under that Act and the U.S. Fish and Wildlife Service's (USFWS's) regulations,1 plaintiffs originally petitioned USFWS to list the bull trout as an endangered species on October 27,...

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