NORTHERN SPOTTED OWL v. HODEL

No. C88-573Z.

716 F.Supp. 479 (1988)

NORTHERN SPOTTED OWL (STRIX OCCIDENTALIS CAURINA), et al., Plaintiffs, v. Donald HODEL, et al., Defendants.

United States District Court, W.D. Washington at Seattle.

November 17, 1988.


Attorney(s) appearing for the Case

Victor M. Sher, Todd D. True and Corrie J. Yackulic, Sierra Club Legal Defense Fund, Seattle, Wash., and Michael R. Sherwood, Sierra Club Legal Defense Fund, San Francisco, Cal., for plaintiffs.

Donald A. Carr, Acting Asst. Atty. Gen., James C. Kilbourne and Charles W. Brooks, Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for defendants.


ORDER OF REMAND

ZILLY, District Judge.

A number of environmental organizations bring this action against the United States Fish & Wildlife Service ("Service") and others, alleging that the Service's decision not to list the northern spotted owl as endangered or threatened under the Endangered Species Act of 1973, as amended, 16 U.S.C. § 1531 et seq. ("ESA" or "the Act"), was arbitrary and capricious or contrary to law.

Since the 1970s...

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