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PALILA v. HAWAII DEPT. OF LAND & NATURAL RESOURCES

Nos. 87-2188, 87-2189.

852 F.2d 1106 (1988)

PALILA (Loxioides bailleui, formerly Psittirostra bailleui), an endangered species; Sierra Club; National Audubon Society, a non-profit association; Hawaii Audubon Society, a non-profit association; Alan C. Ziegler, Plaintiffs-Appellees, v. HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES; Susumo Ono in his capacity as chairman of the Hawaii Board of Land and Natural Resources, Defendants-Appellants. PALILA (Loxioides bailleui, formerly Psittirostra bailleui), an endangered species; Sierra Club; National Audubon Society, a non-profit association; Hawaii Audubon Society, a non-profit association; Alan C. Ziegler, Plaintiffs-Appellees, v. HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES; Susumo Ono in his capacity as chairman of the Hawaii Board of Land and Natural Resources, Defendants, and Hawaii Rifle Association; Gerald Kang, Defendants-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1988.

Attorney(s) appearing for the Case

Edwin P. Watson, Deputy Atty. Gen., Honolulu, Hawaii, for defendants-appellants.

Michael R. Sherwood, Sierra Club Legal Defense Fund, San Francisco, Cal., for plaintiffs-appellees.

John S. Carroll, Honolulu, Hawaii, for defendant-intervenor-appellant, Hawaii Rifle Ass'n.

Katsuya Yamada, Hilo, Hawaii, for defendant-intervenor-appellant, Gerald Kang.

John A. Bryson, amicus curiae.

Before SCHROEDER, NOONAN, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

This is the fourth round of judicial activity involving a six-inch long finch-billed bird called palila, found only on the slopes of Mauna Kea on the Island of Hawaii.

As an endangered species under the Endangered Species Act ("Act"), 16 U.S.C. §§ 1531-43 (1982), the bird (Loxioides bailleui), a member of the Hawaiian honeycreeper family, also has legal status and wings...

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