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United States v. Town of Plymouth, Massachusetts

6 F. Supp. 2d 81 (1998)

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United States v. Town of Plymouth, Massachusetts

United States District Court for the District of Massachusetts
6 F. Supp. 2d 81 (1998)

DC

Facts

The piping plover, a threatened species, is a small bird that nests in the sand of Atlantic beaches. After hatching, piping plovers remain on the beach until flying away several months later. Piping plover chicks wander the beach and sometimes stand motionless to blend in with the surroundings, putting the birds at risk of being hit by beach vehicles. The town of Plymouth (the town) (defendant) issued permits for off-road vehicles (ORVs) to use Plymouth Long Beach during designated hours. Plymouth’s Natural Resources Officer John Crane attempted to implement guidelines to protect piping plovers. After Crane’s request to close the beach to ORVs was denied, a chick was found dead in a tire track. Efforts to close the beach were met with significant resistance by ORV users who strenuously objected at a packed town meeting. Shortly after that, town officials fired Crane. After the town rejected alternative protections proposed by the United States Fish and Wildlife Service, the federal government (plaintiff) sought a preliminary injunction to prevent the town from allowing ORV access to the beach without implementing safeguards designed to protect piping plovers.

Rule of Law

Issue

Holding and Reasoning (Saris, J.)

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