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SIERRA CLUB v. GLICKMAN

Nos. 96-50677, 96-50778.

156 F.3d 606 (1998)

SIERRA CLUB: Clark Hubbs, Plaintiffs-Appellees, v. Dan GLICKMAN, Secretary, Department of Agriculture; United States Department of Agriculture, Defendants-Appellants. SIERRA CLUB; Clark Hubbs, Plaintiffs-Appellees, v. Dan GLICKMAN, Secretary of Agriculture; United States Department of Agriculture, Defendants-Appellants, and American Farm Bureau Federation, State of Texas, Intervenor/Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 24, 1998.

Attorney(s) appearing for the Case

Pieter M. Schenkkan, John B. McFarland, Boyce C. Cabaniss, Graves, Dougherty, Hearon and Moody, Stuart Nelson Henry, Amy Ruth Johnson, Henry, Lowerre, Johnson, Hess & Frederick, Austin, TX, for Plaintiffs-Appellees.

David C. Shilton, Robert L. Klarquist, U.S. Department of Justice, Environment & Natural Resources Division, Lyn Jacobs, U.S. Department of Justice, Washington, DC, for Defendants-Appellants.

Before WIENER, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This is the latest in a series of cases brought by Sierra Club and others concerned about endangered species that depend on water from the Edwards Aquifer for their survival. The appellants, Dan Glickman, the Secretary of the Department of Agriculture, and the United States Department of Agriculture (hereinafter collectively referred to as the "USDA"), appeal from a judgment entered against them on all three counts of the appellees' complaint...

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