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BENNETT v. SPEAR

No. 93-6076-HO.

5 F.Supp.2d 882 (1998)

Brad BENNETT, et al., Plaintiffs, v. Michael SPEAR, in his official capacity as Regional Director, Region One, Fish and Wildlife Service, United States Department of the Interior, et al., Defendants.

United States District Court, D. Oregon.

January 20, 1998.

Attorney(s) appearing for the Case

Robert D. Boivin, Boivin Jones Uerlings DiIaconi & Oden, Klamath Falls, OR, Larry Alan Sullivan, William F. Schroeder, Schroeder Hutchens & Sullivan, Vale, OR, Gregory K. Wilkinson, Best Best & Krieger LLP, Riverside, CA, for Brad Bennett, Mario Giordano, Langell Valley Irrigation and Horsefly Irrigation Dist.

Thomas C. Lee, U.S. Attorneys Office, Portland, OR, Maria A. Iizuka, U.S. Dept. of Justice, Environment & Natural Resources Div., Sacramento, CA, Christiana P. Perry, Dept. of Justice, Environmental & Natural Resources Div, Washington, DC, for Secretary of Dept. of Interior.

Reginald R. Davis, Klamath County Counsel, Klamath Falls, OR, for Klamath County.

ORDER

HOGAN, Chief Judge.

Plaintiffs bring this action under the Endangered Species Act and the Administrative Procedure Act, challenging two biological opinions issued by the Fish and Wildlife Service. Before the court are plaintiffs' Motion for Summary Judgment (# 43) and defendants' Motion for Summary Judgment (# 57).

FACTS

The Klamath Project is a water storage and irrigation project serving approximately 240,000 acres of land in Southern...

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