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ACQUIFER GUARDIANS IN URBAN v. U.S. FISH & WILDLIFE

Civil Action Nos. SA-06-CA-1121-XR, SA-07-CA-0582-XR.

555 F.Supp.2d 740 (2008)

AQUIFER GUARDIANS IN URBAN AREAS, et al., Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, et al., Defendants.

United States District Court, W.D. Texas, San Antonio Division.

April 8, 2008.

Attorney(s) appearing for the Case

James B. Blackburn, Jr., Blackburn Carter, P.C., Houston, TX, for Plaintiffs.

Jimmy A. Rodriguez, U.S. Dept. of Justice Environment & Natural Resources Div., Washington, DC, Susan B. Biggs, Assistant United States Attorney, San Antonio, TX, Alan M. Glen, Craig McKinney Douglas, Smith Robertson Elliott Glen Klein & Bell, LLP, Casey L. Dobson, Jane Webre, Scott, Douglass & McConnico, PC, Austin, TX, for Defendants.

ORDER

XAVIER RODRIGUEZ, District Judge.

This case arises from the issuance of a June 23, 2006 Biological Opinion (BiOp) by the United States Fish and Wildlife Service (FWS) for the San Antonio City Public Service Electric (CPSE) Cagnon-Kendall transmission line. Plaintiffs allege that the FWS violated § 7(a)(2) of the Endangered Species Act (ESA) and § 706(2)(A) of the Administrative Procedures Act (APA) by concluding that the transmission line...

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