MT. GRAHAM RED SQUIRREL v. YEUTTER

Nos. 89-16138, 90-15400, 90-16125 and 90-16172.

930 F.2d 703 (1991)

MT. GRAHAM RED SQUIRREL, (Tamiasciurus hudsonicus grahamensis), an Endangered Species, Sierra Club, a Non-Profit Corporation, National Audubon Society, a Non-Profit Corporation, National Wildlife Federation, a Non-Profit Association, Arizona Wildlife Federation, a Non-Profit Corporation, Maricopa Audubon Society, a Non-Profit Association, Tucson Audubon Society, a Non-Profit Association, Prescott Audubon Society, a Non-Profit Association, Yuma Audubon Society, a Non-Profit Association, Northern Arizona Audubon Society, a Non-Profit Association, Defenders of Wildlife, Non-Profit Organization, Wayne Woods, an Individual, Plaintiff-Appellant, v. Clayton YEUTTER, in His Official Capacity as Secretary of Agriculture, F. Dale Roberton, in His Official Capacity as Chief Forester, U.S. Forest Service, David F. Jolly, in His Official Capacity as Regional Forester for the Southwestern Region, Manuel Lujan, in His Official Capacity as Secretary of the Interior, Steven Robinson, in His Official Capacity as Interim Director of the U.S. Fish and Wildlife Service, Defendant-Appellee, and State of Arizona Board of Regents, University of Arizona, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

April 9, 1991.


Attorney(s) appearing for the Case

Mark Hughes, Sierra Club Legal Defense Fund, Denver, Colo., for plaintiffs-appellants.

M. Alice Thurston, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Daivid C. Todd, Patton, Boggs & Blow, Washington, D.C., for defendant-intervenor-appellee.

William Perry Pendley, Mountain States Legal Foundation, Denver, Colo., for applicant-in-intervention-appellant.

Before TANG, FLETCHER and REINHARDT, Circuit Judges.


ORDER

On June 4, 1990, the district court granted summary judgment to the defendants on seven of plaintiffs' nine claims. The first claim sought to preclude further construction on Mount Graham on the basis that the Forest Service is required to reinitiate formal consultation with the Fish and Wildlife Service pursuant to section 7 of the Endangered Species Act. The other claims on which the district court granted summary judgment stated that the Forest Service...

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