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AMERICAN WILDLANDS v. NORTON

No. Civ.A. 00-2521(EGS).

193 F.Supp.2d 244 (2002)

AMERICAN WILDLANDS, et al., Plaintiffs, v. Gale NORTON, et al., Defendants.

United States District Court, District of Columbia.

March 31, 2002.

Attorney(s) appearing for the Case

Timothy Joseph Preso, Earthjustice Legal Defense Fund, Bozeman, MO, for plaintiffs.

Seth M. Barsky, U.S. Department of Justice, Environmental Division, Washington, DC, for Bruce Babbitt, Jamie Clark, defendants.

Jean Eva Williams, Mauricia M.M. Baca, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Thomas Slonaker, Marshall Jones, defendants.

Mauricia M.M. Baca, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Seth M. Barsky, U.S. Department of Justice, Environmental Division, Washington, DC, for Gale Norton, defendant.

Steven William Strack, Harriet A. Hensley, Idaho Attorney General, Boise, ID, for State of Idaho, amicus.

Robert N. Lane, Montana Department of Fish, Wildlife and Parks, Helena, MT, for State of Montana, amicus.

MEMORANDUM OPINION

SULLIVAN, District Judge.

This matter stems from a challenge brought by plaintiffs to a decision made by the United States Fish and Wildlife Service ("FWS") that listing the Westslope cutthroat trout ("WCT") as endangered or threatened under the Endangered Species Act ("ESA"), 16 U.S.C. § 1531, et. seq., is not warranted at this time.

Pending before the Court are cross motions for summary judgment. The Court...

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