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OREGON-CALIFORNIA TRAILS ASSOCIATION v. WALSH

Civil Action No. 19-cv-1945-WJM.

467 F.Supp.3d 1007 (2020)

OREGON-CALIFORNIA TRAILS ASSOCIATION, a nonprofit corporation; Western Nebraska Resources Council, a nonprofit corporation; Hanging H East, L.L.C., a limited liability corporation; Whitetail Farms East, L.L.C., a limited liability corporation, Petitioners, v. Noreen WALSH, Reg'l. Director, Mountain-Prairie Region, U.S. Fish and Wildlife Service; David Bernhardt, Secretary, U.S. Department of the Interior; Aurelia Skipwith, Director, U.S. Fish and Wildlife Service, Respondents, and Nebraska Public Power District, Intervenor-Respondent.

United States District Court, D. Colorado.

Signed June 17, 2020.

Attorney(s) appearing for the Case

Elizabeth Leigh Lewis, Eubanks & Associates, LLC, Washington, DC, William Stewart Eubanks, II, Meyer Glitzenstein & Eubanks LLP, Fort Collins, CO, for Petitioners.

Bridget Kennedy McNeil, U.S. Department of Justice-Denver-ENRS Environment & Natural Resources Section, Denver, CO, Sarah Izfar, U.S. Department of Justice, Washington, DC, for Respondents.

Murray Dov Feldman, Holland & Hart LLP-Boise, Boise, ID, for Intervenor-Respondent.

ORDER AFFIRMING IN PART AND VACATING IN PART AGENCY ACTION

The United States Fish & Wildlife Service ("Service") has issued a permit to the Nebraska Public Power District ("Power District") to incidentally "take" (kill or otherwise significantly disturb) the endangered American...

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