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National Wildlife Federation v. Brownlee

April 6, 2005

NATIONAL WILDLIFE FEDERATION, ET AL., PLAINTIFFS,
v.
LES BROWNLEE, ACTING SECRETARY, U.S. DEPARTMENT OF THE ARMY, DEFENDANT.



The opinion of the court was delivered by: James Robertson United States District Judge

ORDER

For the reasons given in the accompanying memorandum, it is hereby

ORDERED that plaintiffs' motion for summary judgment [45] is granted as to plaintiffs' ESA Section 7(a)(2) claim, denied as to plaintiffs' ESA Section 7(a)(1) claim, and denied without prejudice as to plaintiffs' other claims. And it is

FURTHER ORDERED that defendants' motions for summary judgment [49, 50] are granted as to plaintiffs' ESA Section 7(a)(1) claim, denied as to plaintiffs' ESA Section 7(a)(2) claim, and denied without prejudice as to plaintiffs' other claims. And it is

FURTHER ORDERED that the Clerk set a hearing for the purpose of considering what injunctive relief is appropriate, if any.

20050406

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