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Scarborough Citizens Protecting Resources v. U.S. Fish and Wildlife Service; Marvin Moriarty

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Before Boudin, Selya and Stahl, Circuit Judges.

This litigation concerns a segment of the Eastern Trail in Scarborough, Maine. The Eastern Trail is a public recreational trail which is part of a network of trails running along the Eastern Seaboard. http://www.easterntrail.org. The portion of the Trail at issue in this case is over three miles long, runs through a 32-acre tract of land owned by the state of Maine, and is used in part for recreation and to access the state-managed Scarborough Marsh Wildlife Management Area.

An association and several individuals who regularly use the Trail for recreating and hunting, and who support wildlife conservation (“Scarborough Citizens”) brought suit against the United States Fish and Wildlife Service (“USFWS”) and its Northeast Regional Director, as well as the Governor of Maine and the Commissioners of the Maine Department of Inland Fisheries and Wildlife (“IFW”) and Department of Environmental Protection (“DEP”). Scarborough Citizens alleged that easements conveyed by the state on the parcel of land violate the law.

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