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PORTLAND AUDUBON SOC. v. ENDANGERED SPECIES

No. 92-70436.

984 F.2d 1534 (1993)

PORTLAND AUDUBON SOCIETY, et al., Petitioners, v. The ENDANGERED SPECIES COMMITTEE, Respondent, Oregon Lands Coalition, Respondent-Intervenor, Northwest Forest Resource Council, et al., Respondents-Intervenors, Association of O & C Counties, et al., Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided February 10, 1993.

As Amended April 1, 1993.

Attorney(s) appearing for the Case

Victor M. Sher and Todd D. True, Sierra Club Legal Defense Fund, Inc., Seattle, WA, for petitioners.

Vicki A. O'Meara, Myles E. Flynt, Peter R. Steenland, Jr., and Albert M. Ferlo, Jr., U.S. Dept. of Justice, Washington DC, for respondent.

William Perry Pendley, Todd S. Welch, and Paul M. Seby, Mountain States Legal Foundation, Denver, CO, for intervenors.

Before GOODWIN, D.W. NELSON, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

We consider here a motion filed in a most important and controversial case. The motion itself raises a significant issue of first impression. In the underlying proceeding, petitioners Portland Audubon Society et al. (collectively "the environmental groups") challenge the decision of the statutorily-created Endangered Species Committee ("the Committee"), known popularly as "The God Squad", to grant an exemption from the requirements...

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