Lawsuit alleges violations of the National Environmental Policy Act (“NEPA”) and the Bald and Golden Eagle Protection Act (“BGEPA”) related to FWS’s issuance of an eagle incidental take permit to Garrett Construction Company, LLC, for the potential take of nesting bald eagles due to the disturbance associated with constructing an apartment complex in proximity to their nest (“the Garrett permit”).
Court ruled for Plaintiffs and vacated permit and EA