Florida Key Deer v. R. David Paulison

U.S. Court of Appeals for the Eleventh Circuit

Florida Key Deer v. R. David Paulison

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT April 2, 2008 No. 05-16990 THOMAS K. KAHN ________________________ CLERK

D.C. Docket No. 90-10037-CV-KMM

FLORIDA KEY DEER (Odocoileus virginianus clavium), NATIONAL WILDLIFE FEDERATION, et al.,

Plaintiffs–Appellees,

versus

R. DAVID PAULISON, in his official capacity as Acting Director of The Federal Emergency Management Agency, an Agency of the United States of America, et al.,

Defendants,

MONROE COUNTY,

Movant–Appellant.

________________________

No. 06-11129 ________________________

D.C. Docket No. 90-10037-CV-KMM

FLORIDA KEY DEER, (Odocoileus virginianus clavium), NATIONAL WILDLIFE FEDERATION, et al., Plaintiffs–Appellees,

versus

R. DAVID PAULISON, in his official capacity as Acting Director of The Federal Emergency Management Agency, an agency of the United States of America, etc., Defendants,

BAYVIEW DEVELOPMENT, LLC, SLICE OF PARADISE, LLC, et al.,

Movants–Appellants.

________________________

Appeals from the United States District Court for the Southern District of Florida _________________________

(April 2, 2008)

Before ANDERSON and BARKETT, Circuit Judges, and TRAGER,* District Judge.

PER CURIAM:

A number of putative intervenors 1 appeal from the district court’s denials of

their motions to intervene in this case. We find no error and have resolved the

merits of the underlying dispute. See Fla. Key Deer v. Paulison, No. 05-16374

* Honorable David G. Trager, United States District Judge for the Eastern District of New York, sitting by designation. 1 The putative intervenors are Monroe County and over fifty owners of property within Monroe County.

2 (11th Cir. Apr. 1, 2008). We note, however, that we affirm without prejudice to

the intervenors’ ability, should they choose to do so, to file new motions to

intervene with reference to the district court’s future consideration of the recently

proposed “reasonable and prudent alternatives” that the Federal Emergency

Management Agency adopted.

AFFIRMED.

3

Reference

Status
Unpublished