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SALMON SPAWNING & RECOVERY ALLIANCE v. U.S.

Slip Op. 09-40., Court No. 06-00191.

626 F.Supp.2d 1277 (2009)

SALMON SPAWNING & RECOVERY ALLIANCE, et al., Plaintiffs, v. UNITED STATES, Defendant.

United States Court of International Trade.

May 13, 2009.

Attorney(s) appearing for the Case

Marten Law Group PLLC (Svend Brandt-Erichsen) for Plaintiffs.

Michael F. Hertz, Deputy Assistant Attorney General; Jeanne E. Davidson, Director; Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Stephen C. Tosini), for Defendant.

OPINION AND ORDER

BARZILAY, Judge.

The action filed by Plaintiffs Salmon Spawning & Recovery Alliance, Native Fish Society, and Clark-Skamania Flyfishers (collectively, the "Plaintiffs") against Defendant United States appears anew before the court on remand from the Federal Circuit. Specifically, the mandate directs the court to determine whether (1) a claim made pursuant only to Section 7(a)(2) of the Endangered Species Act ("ESA") falls within...

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