Maine v. Norton, 257 F. Supp. 2d 357 (D. Me. 2003)
Defenders of Wildlife v. Babbitt, Civ. No. 99-206 (D.D.C.)
Case Summary:
In a suit filed in Washington, DC, we represented Defenders of Wildlife and a coalition of environmental groups in a challenge to a decision by the US Fish and Wildlife Service and the National Marine Fisheries Service to withdraw their proposal to list the imperiled Atlantic Salmon under the ESA based on a voluntary and unenforceable "conservation agreement" developed by the State of Maine. After we filed our brief on the merits, the defendants did an about-face and re-proposed the species for listing. The government then entered into a court-ordered stipulation that it would make a final listing decision by November 2000. On November 17, 2000, the Services published a final rule listing the Atlantic Salmon as endangered. After that listing, Maine businesses and the State of Maine challenged the listing and sued in Maine. We represented Defenders of Wildlife and others as amici in that action. The court rejected Maine’s claims, thus ensuring continued protection for this critically imperiled species.
Plaintiff Intervenors: Defenders of Wildlife and individuals.
Court: United States District Cout for the District of Maine