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CAPE HATTERAS ACCESS PRES. ALL. v. U.S. INT. DEPT.

No. CIV.A.03-217(RCL).

344 F.Supp.2d 108 (2004)

THE CAPE HATTERAS ACCESS PRESERVATION ALLIANCE, Dare County, North Carolina, Hyde County, North Carolina, Plaintiffs, v. UNITED STATES DEPARTMENT OF THE INTERIOR, United States Fish and Wildlife Service, Gale Norton, Steven Williams, Defendants, Defenders of Wildlife, Center for Biological Diversity, Southern Appalachian Biodiversity Project, Defendant-Interveners

United States District Court, District of Columbia.

November 1, 2004.

Attorney(s) appearing for the Case

Lawrence R. Liebesman, Rafe Petersen, Ethan Ray Arenson, Holland & Knight, LLP, Washington, DC, for Plaintiffs.

Mary Melissa Whittle, U.S. Department of Justice, William J. Snape, Defenders of Wildlife, Washington, DC, for Defendants.

MEMORANDUM OPINION

LAMBERTH, District Judge.

This case concerns the piping plover, a small, sand-colored shorebird, and the designation of its critical habitat under the Endangered Species Act. Defendants, the Department of the Interior and its Fish and Wildlife Service (collectively the "Service"), designated 137 coastal areas to serve as the wintering plovers' critical habitat. Plaintiffs, a business association and two North Carolina counties, challenge...

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