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Although
Congress may be moving to eliminate Critical Habitat
designations from the Endangered Species Act, the
definition of Critical Habitat has remained
troubling and troublesome. The link below
leads to an analysis of the Pinchot case and
takes a wholly new view on an old problem.

Written while
at Perkins Coie LLP, this analysis of the United
States Supreme Court decision in the Miccosukee
case was submitted to the Environmental
Protection Agency by the clients for whom it was
written.

This report was completed in
1999 and was widely distributed and used by many
attorneys and corporations to make the case against
dam removal on the Columbia River. Included here
for its scope on the issue, this paper is an
expanded version of an original document written in
conjunction with James Tate, science advisor to
Interior Secretary Gale Norton.
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