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ANIMAL PROTECTION INSTITUTE v. HOLSTEN

Civil No. 06-3776 (MJD/RLE).

541 F.Supp.2d 1073 (2008)

ANIMAL PROTECTION INSTITUTE and CENTER FOR BIOLOGICAL DIVERSITY, Plaintiffs, v. Mark HOLSTEN, in his official capacity as Commissioner of the Minnesota Department of Natural Resources, Defendant, and Minnesota Trappers Association, et al., Defendant-Intervenors.

United States District Court, D. Minnesota.

March 28, 2008.

Attorney(s) appearing for the Case

James J. Tutchton, Environmental Law Clinical Partnership, Denver, CO, Marc D. Fink, Center for Biological Diversity, Duluth, MN, John Buse, Center for Biological Diversity, Chicago, IL, for Plaintiffs.

David P. Iverson, Nathan J. Hartshorn, Assistant Minnesota Attorney Generals, St. Paul, MN, for Defendant Mark Holsten, Commissioner of the Minnesota Department of Natural Resources.

Gary R. Leistico, Rinke Noonan Attorneys at Law, St. Cloud, MN, William P. Horn, James H. Lister, Birch, Horton, Bittner & Cherot, Washington, DC, Laurence J. Lasoff, Barbara A. Miller, Kelly Drye & Warren, Washington, DC, for Defendant Intervenors.

Kirk A. Schnitker, Jon Morphew, Minneapolis, MN, for Minnesota Outdoor Heritage Alliance

Douglas S. Burdin, Anna M. Seidman, Washington, DC, for Safari Club International as Amici Curiae.

MEMORANDUM OPINION AND ORDER

MICHAEL J. DAVIS, District Judge.

In their Amended Complaint, Plaintiffs Animal Protection Institute ("API") and Center for Biological Diversity assert that Defendant Mark Holsten, in his official capacity as Commissioner of the Minnesota Department of Natural Resources ("DNR") has and is violating Section 9 of the Endangered Species Act ("ESA"), 16 U.S.C. § 1538, by authorizing and allowing trapping and snaring activities...

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