Legal Opinion
National Wildlife Federation, Great Bear Foundation v. Burlington Northern Railroad, Inc.
Court of Appeals for the Ninth Circuit
Decided May 5, 1994No. 92-35595PublishedCited by 140 opinions
1Opinion of the Court
Opinion by Judge GOODWIN.
GOODWIN, Circuit Judge:
The National Wildlife Federation and Great Bear Foundation (collectively referred to as “NWF”) appeal the denial of their motion for a preliminary injunction in their action against Burlington Northern Railroad, Inc. (“BN”) under the Endangered Species Act’s (“ESA”) citizen suit provision, 16 U.S.C. § 1540(g)(1).
NWF claims that BN violated the ESA by modifying grizzly bear feeding behavior through a series of accidental corn spills along BN tracks in northwestern Montana. NWF also alleges that BN violated the ESA when BN trains struck and killed…
2Cases cited7 opinions
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
- United States v. Dennis Edward EliasCourt of Appeals for the Ninth Circuit · 1990
- Fund for Animals, Inc. v. LujanCourt of Appeals for the Ninth Circuit · 1992
- Sierra Club v. MarshCourt of Appeals for the Ninth Circuit · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by140 opinions
- Arizona Cattle Growers' Ass'n v. United States Fish & WildlifeCourt of Appeals for the Ninth Circuit · 2001
- Cottonwood Environmental Law Center v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2015
- National Wildlife Federation v. National Marine Fisheries ServiceCourt of Appeals for the Ninth Circuit · 2005
- Strahan v. CoxeCourt of Appeals for the First Circuit · 1997
- Nat'l Wildlife Fed'n v. Nat'l Marine Fisheries Serv.Court of Appeals for the Ninth Circuit · 2018
135 more not listed; retrieve them via the Exa API.