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Fund for Animals v. Hogan

ELR Citation: 35 ELR 20225
Nos. No. 03-5077, (D.C. Cir., 11/04/2005)

The court dismisses as moot an animal advocacy group's claims against the U.S. Fish and Wildlife Service (FWS) for denying their petition to list the trumpeter swan in Idaho, Montana, and Wyoming as endangered or threatened and for authorizing the limited take of the swans during the 2001 and 2002 hunting seasons for tundra swan in Nevada and Utah. Any defects in the FWS' 2000 denial letter were cured by the agency's 90-day finding for the swan it issued in 2003. And the FWS' environmental assessment (EA) for the 2001 and 2002 hunting seasons has since been superseded by a new EA.