American Bird Conservancy v. Federal Communications Commission
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether an environmental group may employ the citizen-suit provision of the Endangered Species Act to challenge a Federal Communications Commission decision to issue licenses for seven communications towers in Hawaii.
I
A
Congress enacted the Communications Act in 1934, 47 U.S.C. § 151 et seq., at the dawn of the radio age. The Act created the Federal Communications Commission (“FCC”), which was charged with ensuring the availability of “a rapid, efficient, Nation-wide, and world-wide wire and radio communication service ... at reasonable charges.” 47…
2Cases cited6 opinions
- Bennett v. SpearSupreme Court of the United States · 1997
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
- Federal Communications Commission v. ITT World Communications, Inc.Supreme Court of the United States · 1984
- National Wildlife Federation v. National Marine Fisheries ServiceCourt of Appeals for the Ninth Circuit · 2005
- American Bird Conservancy, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2008
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- California Ex Rel. Lockyer v. U.S. Department of AgricultureCourt of Appeals for the Ninth Circuit · 2009
- Atlantic National Trust LLC v. Mt. Hawley InsuranceCourt of Appeals for the Ninth Circuit · 2010
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