MT. GRAHAM RED SQUIRREL v. ESPY

No. 92-15269.

986 F.2d 1568 (1993)

MT. GRAHAM RED SQUIRREL, (Tamiasciurus hudsonicus grahamensis), an endangered species; National Audubon Society, a non-profit corporation; Sierra Club, Inc.; 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, a nonprofit organization; and Wayne Woods, an individual, Plaintiffs-Appellants, v. Mike ESPY, in his official capacity as Secretary of Agriculture; F. Dale Robertson, 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; Bruce Babbitt, in his official capacity as Secretary of the Interior; John F. Turner, in his official capacity as Director of the U.S. Fish and Wildlife Service, Defendants-Appellees, State of Arizona Board of Regents, University of Arizona, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1993.


Attorney(s) appearing for the Case

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

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

David C. Todd, Patton, Boggs & Blow, Washington, DC, for defendant-intervenor-appellee.

Before: O'SCANNLAIN and RYMER, Circuit Judges, and VAN SICKLE, District Judge.


O'SCANNLAIN, Circuit Judge:

For the third time within two years we deal with environmental law issues surrounding the construction of an international astrophysical observatory on Mount Graham in southeast Arizona.

I

The background of this dispute is explored at length in this court's opinion in Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441, 1443-48 (9th Cir.1992) (Red Squirrel II). An abbreviated...

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