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MAINE v. NORTON

No. CIV. 00-250-BC.

257 F.Supp.2d 357 (2003)

State of MAINE, Maine Chamber of Commerce, Atlantic Salmon of Maine, LLC, Stolt Sea Farm, Inc., Maine Aquaculture Association, Maine Pulp and Paper Association, Wild Blueberry Commission of Maine, Jasper Wyman & Sons, Cherryfield Foods, Inc., Plaintiffs v. Gale A. NORTON, in her Official Capacity as Secretary of the United States Department of the Interior, Steven A. Williams, in his Official Capacity as Director of the United States Fish and Wildlife Service, Donald L. Evans, in his Official Capacity as Secretary of the United States Department of Commerce, William T. Hogarth, in his Official Capacity as the Assistant Administrator for Fisheries of the National Marine Fisheries Service, Defendants

United States District Court, D. Maine.

April 24, 2003.

Attorney(s) appearing for the Case

Peter W. Culley, Pierce, Atwood, Portland, ME, for Maine State Chamber of Commerce, Atlantic Salmon of Maine, LLC, Maine Acquaculture Ass'n, Stolt Sea Farm Inc., Maine Pulp & Paper Ass'n, Wild Blueberry Com'n of Maine, Jasper Wyman & Sons, Cherryfield Foods Inc.

Christopher C. Taub, Augusta, ME, Paul A. Lenzini, Alexandria, VA, for Maine, State of, Plaintiff.

Adam Issenberg, U.S. Dept. of Justice, Mary Whittle, U.S. Department of Justice, Washington, DC, for All Defendants.

Adam Issenberg, U.S. Dept. of Justice, U.S. Dept. of Justice, Washington, DC, for U.S. Secretary of the Interior, Defendants.

Eric Glitzenstein, Howard M. Crystal, Meyer & Gilitzenstein, washington, DC, Kirk G. Siegel, Hanley & Assoc., South Paris, ME, for Defenders of Wildlife, Biodiversity Foundation, Conservation Action Project, Forest Ecology Nework, Coastal Waters Project, David Carle, Charles Fitzgerald, Douglas Watts, and Amicus Plus.

Howard M. Crystal, Meyer & Glitzenstein, Washington, DC, for Arthur Taylor.

MEMORANDUM OF DECISION AND ORDER

GENE CARTER, Senior District Judge.

On November 17, 2000, the United States Fish and Wildlife Service ("FWS") and National Marine Fisheries Service ("NMFS") (collectively "the Services") published their determination listing the Gulf of Maine distinct population segment ("DPS") of Atlantic salmon as endangered under the Endangered Species Act ("ESA"), 16 U.S.C. § 1531 et seq. See 65 Fed.Reg. 69459, reproduced...

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