Oct 1 7 2.014 Capacity As Northeast Regional Director, U.S
Case 1:14-cv-05341-SJF-SIL Document 33 Filed 10/17/14 Page 1 of 85 PageID #: <pageID> UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------)( NATIONAL AUDUBON SOCIETY, INC., Plaintiff, OPINION & ORDER -against- 14-CV-5341 (SJF)(SIL) UNITED STATES FISH AND WILDLIFE SERVICE; UNITED STATES ARMY CORPS OF ENGINEERS; SALLY JEWELL, in her official capacity as Secretary, Department of the F\L.ED IN CLERK'S OFFICio N '( Interior; DANIEL M. ASHE, in his official U S DISTRICT COURT capacity as Director, U.S. Fish and Wildlife Service; WEND! WEVER, in her official * oCT 1 7 2.014 capacity as Northeast Regional Director, U.S. * Fish and Wildlife Service; LIEUTENANT LONG \SLAND Off\CE GENERAL THOMAS P. BOSTICK, in his official capacity as Commanding General and Chief of Engineers, U.S. Army Corps of Engineers; and COLONEL PAUL E. OWEN, in his official capacity as New York District Commander, U.S. Army Corp of Engineers, Defendants. ----------------------------------------------------------)( FEUERSTEIN, J. I. Introduction On September 12, 2014, plaintiffNational Audubon Society, Inc. ("plaintiff'') filed: (I) a complaint pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-706, against defendants United States Fish and Wildlife Service ("FWS"); United States Army Corps of Engineers ("Army Corps"); Sally Jewell, in her official capacity as Secretary of the United States Department of the Interior ("DOl"); Daniel M. Ashe, in his official capacity as Director of the FWS; Wendi Wever, in her official capacity as Northeast Regional Director of the FWS; 1 Case 1:14-cv-05341-SJF-SIL Document 33 Filed 10/17/14 Page 2 of 85 PageID #: <pageID> Lieutenant General Thomas P.
[Show full text]