Mt. Graham Red Squirrel v. Madigan
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
The opinion filed December 11, 1991, is withdrawn.
OPINION
REINHARDT, Circuit Judge:
This is a case about difficult choices. In 1988, Congress was asked to choose between ensuring that our nation remains a world leader in astrophysical research or protecting from almost certain demise an endangered species on the brink of extinction. Congress attempted a compromise by passing the Arizona-Idaho Conservation Act, Title VI, Mount Graham International Observatory, Pub.L. No. 100-696, 102 Stat. 4571, 4597 (1988). Unfortunately, it did not make its choice as clear as it might, or, perhaps, should…
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