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CAPE HATTERAS ACCESS v. U.S. DEPT. OF INTERIOR

Civil Action No. 09-0236 (RCL).

731 F.Supp.2d 15 (2010)

The CAPE HATTERAS ACCESS PRESERVATION ALLIANCE, et al., Plaintiffs, v. U.S. DEPARTMENT OF the INTERIOR, et al., Defendants, and Defenders of Wildlife, et al., Defendant-Intervenors.

United States District Court, District of Columbia.

August 17, 2010.

Attorney(s) appearing for the Case

Lawrence R. Liebesman, Holland & Knight LLP, Washington, DC, for Plaintiffs.

Meredith L. Flax, U.S. Department of Justice, Washington, DC, for Defendants.

Jason C. Rylander, Defenders of Wildlife, Washington, DC, for Defendant-Intervenors.

Julia Furr Youngman, Chapel Hill, NC, Pro Hac, Vice.

MEMORANDUM OPINION

ROYCE C. LAMBERTH, Chief Judge.

I. Introduction

This case concerns environmental regulations designating critical habitat for the piping plover, a small shorebird. On October 21, 2008, defendants, the Department of the Interior and its Fish and Wildlife Service (collectively "the Service") published a final rule designating critical habitat for the wintering piping plover in North Carolina pursuant to the Endangered Species...

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