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SIERRA CLUB v. NORTON

No. CIV.A. 03-00377-CB-C.

313 F.Supp.2d 1291 (2004)

SIERRA CLUB and Center for Biological Diversity, Plaintiffs, v. Gale A. NORTON, et al., Defendants, and Fort Morgan Paradise Joint Venture, et al., Defendants/Intervenors.

United States District Court, S.D. Alabama, Southern Division.

February 13, 2004.

Attorney(s) appearing for the Case

Daniel A. Hannan, Franklin & Stein, P.C., Mobile, AL, Robert Wiygul, Waltzer & Associates, Biloxi, MS, for Plaintiffs.

Bridget Kennedy McNeil, U.S. Department of Justice, Washington, DC, for Defendants.

David A. Bagwell, Fairhope, AL, Sid J. Trant, Bradley, Arant, Rose & White, Birmingham, AL, Edwin S. Schwartz, Tucker, GA, Richard A. Horder, Kilpatrick Stockton, LLP, Atlanta, GA, for Intervenors.

ORDER

BUTLER, District Judge.

This case comes before the court on the federal defendants' Motion (doc. 23) to Dismiss Count One of the plaintiffs' Complaint for lack of jurisdiction.

Plaintiffs are challenging the federal defendants' open-ended delay in amending the critical habitat of three closely-related subspecies which have been designated as endangered:the Alabama Beach Mouse, the Choctawatchee...

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