Legal Opinion

Marbled Murrelet v. Babbitt

Court of Appeals for the Ninth Circuit

Decided May 7, 1996No. 95-16945PublishedCited by 49 opinions

1Opinion of the Court

DAVID R. THOMPSON, Circuit Judge:

The appellants are private corporations engaged in the lumber business. We refer to them collectively as “the Lumber Companies.” They wanted to cut and remove dead, dying and decayed trees in California. The United States Fish & Wildlife Service (USFWS) consulted with them and provided them with information as to what they would have to do to avoid a “take” of endangered species under the Endangered Species Act (ESA).

In an effort to stop the intended tree cutting and removal, the plaintiffs filed an action for declaratory relief. They contended that the USFWS…

2Cases cited6 opinions

  1. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  2. Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
  3. Save the Yaak Committee, Donn Vance v. J.R. Block, Secretary of Agriculture R. Max Peterson, Chief, Forest Service Thomas Costin, Region I ForesterCourt of Appeals for the Ninth Circuit · 1988
  4. Sierra Club v. MarshCourt of Appeals for the Ninth Circuit · 1987
  5. Pacific Rivers Council v. ThomasCourt of Appeals for the Ninth Circuit · 1994

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

3Cited by49 opinions

  1. National Ass'n of Home Builders v. NortonCourt of Appeals for the D.C. Circuit · 2005
  2. Hawksbill Sea Turtle v. Federal Emergency Management AgencyCourt of Appeals for the Third Circuit · 1997
  3. Cold Mountain v. GarberCourt of Appeals for the Ninth Circuit · 2004
  4. Grand Canyon Trust v. United States Bureau of ReclamationCourt of Appeals for the Ninth Circuit · 2012
  5. Loggerhead Turtle v. County Council of Volusia County, FloridaCourt of Appeals for the Eleventh Circuit · 1998

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

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