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RIO GRANDE SILVERY MINNOW v. KEYS

No. CIV. 99-1320 JP/RLP-ACE.

356 F.Supp.2d 1222 (2002)

RIO GRANDE SILVERY MINNOW, et al., Plaintiffs, v. John W. KEYS III, et al., Federal Defendants, Middle Rio Grande Conservancy District, et al., Defendants-Intervenors.

United States District Court, D. New Mexico.

September 23, 2002.

Attorney(s) appearing for the Case

Alletta d' Andelot Belin, Steve Sugarman, Belin & Sugarman, Santa Fe, NM, Laurence J. Lucas, Land & Water Fund of the Rockies, Boise, ID, for Plaintiffs Rio Grande Silvery Minnow Hybognathus amarus, Southwestern Willow Flycatcher Empidonax trailii extimus, Defenders of Wildlife, Forest Guardians, National Audubon Society, New Mexico Audubon Council, Sierra Club, Southwestern Environmental Center.

Bradley S. Bridgewater, U.S. Department of Justice, Environment & Natural Resources Division, Denver, CO, Mark A. Brown, U.S. Department of Justice, Wild Life & Marine Resources Section, Washington, DC, Andrew A. Smith, John W. Zavitz, U.S. Attorney's Office, District of New Mexico, Albuquerque, NM, for Defendants Bureau of Reclamation, an agency of the United States, Joseph Ballard, Tom Fallin, United States Army Corps of Engineers, an agency of the United States, United States of America and Bruce Babbitt.

MEMORANDUM OPINION AND FINDINGS OF FACT AND CONCLUSIONS OF LAW

PARKER, Chief District Judge.

The Endangered Species Act—Congressional Mandates and the Sole Exception

Congress enacted the Endangered Species Act ("ESA") in order to conserve endangered and threatened species and the ecosystems on which they depend. The ESA prohibits federal agencies from pursuing actions that "jeopardize the continued existence of any endangered...

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