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Alabama-Tombigbee Rivers Coalition v. Department of the Interior

ELR Citation: 24 ELR 21333
Nos. No. 94-6089, 26 F.3d 1103/(11th Cir., 07/27/1994)

The court affirms a district court injunction against the U.S. Fish and Wildlife Service's use of a scientific report prepared in violation of the Federal Advisory Committee Act (FACA) that supported the listing of the Alabama sturgeon as an endangered species. The court first holds that injunctive relief is available under the FACA. The court next holds that the district court did not abuse its discretion by granting the injunction, because the government did not follow the FACA's public comment requirements. Allowing the government to use the product of a tainted procedure would circumvent the FACA's policy that advisory committees be completely open to public comment and observation.

Counsel for Plaintiffs
Will Hill Tankersley Jr.
Balch & Bingham
1710 6th Ave. N., P.O. Box 306, Birmingham AL 35201
(205) 251-8100

Counsel for Defendants
Claude Harris Jr.
2703 7th St., Tuscaloosa AL 35401
(205) 731-1785

Before KRAVITCH, Circuit Judge, FAY and HENDERSON, Senior Circuit Judges.