NATIONAL WILDLIFE FEDERATION v. BURLINGTON NORTHERN

No. 92-35595.

23 F.3d 1508 (1994)

NATIONAL WILDLIFE FEDERATION, Great Bear Foundation, Plaintiffs-Appellants, v. BURLINGTON NORTHERN RAILROAD, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 5, 1994.


Attorney(s) appearing for the Case

Thomas M. France, National Wildlife Federation, Missoula, MT, for plaintiffs-appellants.

J. Daniel Hoven, Browning, Kaleczyc, Berry & Hoven, Helena, MT, for defendant-appellee.

Before: GOODWIN, CANBY, and KOZINSKI, Circuit Judges.


Opinion by Judge GOODWIN.

GOODWIN, Circuit Judge:

The National Wildlife Federation and Great Bear Foundation (collectively referred to as "NWF") appeal the denial of their motion for a preliminary injunction in their action against Burlington Northern Railroad, Inc. ("BN") under the Endangered Species Act's ("ESA") citizen suit provision, 16 U.S.C. § 1540(g)(1).

NWF claims that BN violated the ESA by modifying grizzly bear feeding behavior through...

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