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.
United States Court of Appeals, Ninth Circuit.
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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