Legal Opinion

American Bird Conservancy v. Federal Communications Commission

Court of Appeals for the Ninth Circuit

Decided October 6, 2008No. 06-15429PublishedCited by 26 opinions

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

  1. Bennett v. SpearSupreme Court of the United States · 1997
  2. Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
  3. Federal Communications Commission v. ITT World Communications, Inc.Supreme Court of the United States · 1984
  4. National Wildlife Federation v. National Marine Fisheries ServiceCourt of Appeals for the Ninth Circuit · 2005
  5. American Bird Conservancy, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Luna v. AstrueCourt of Appeals for the Ninth Circuit · 2010
  2. Center for Biological Diversity v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2017
  3. CE Design, Ltd. v. PRISM BUSINESS MEDIA, INC.Court of Appeals for the Seventh Circuit · 2010
  4. California Ex Rel. Lockyer v. U.S. Department of AgricultureCourt of Appeals for the Ninth Circuit · 2009
  5. Atlantic National Trust LLC v. Mt. Hawley InsuranceCourt of Appeals for the Ninth Circuit · 2010

21 more not listed; retrieve them via the Exa API.

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