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CENTER FOR BIOLOGICAL DIVERSITY v. PIRIE

No. CIV.A. 00-3044(EGS).

191 F.Supp.2d 161 (2002)

CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. Robert B. PIRIE, Jr., Acting Secretary of the Navy; Donald H. Rumsfeld, Secretary of Defense, Defendants.

United States District Court, District of Columbia.

March 13, 2002.

Attorney(s) appearing for the Case

Mark L. Stermitz, Esquire, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C., for Robert B. Pirie, Jr.

Mark L. Stermitz, Esquire, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C., Roger Michael Golden, Fenwick & West, L.L.P., Washington, DC, for Donald H. Rumsfeld.

Paul Douglas Kamenar, Washington Legal Foundation, Washington, DC, for Washington Legal Foundation.

Howard I. Fox, Esquire, Earthjustice Legal Defense Fund, Washington, D.C., Paul H. Achitoff, Earthjustice Legal Defense Fund, Honolulu, HI, John Andrew Fritschie, Washington D.C., for Center for Biological Diversity.

MEMORANDUM OPINION AND ORDER

SULLIVAN, District Judge.

Plaintiff Center for Biological Diversity (CBD) filed this lawsuit to prevent the use by the United States military of live fire training exercises on the island of Farallon de Medinilla (FDM) because such exercises allegedly kill and otherwise harm several species of migratory birds without a permit, in violation of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. § 703 et seq., and the Administrative...

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