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MARBLED MURRELET v. BABBITT

No. 95-16945.

83 F.3d 1068 (1996)

MARBLED MURRELET, (Brachyramphus marmoratus); Northern Spotted Owl, (Strix occidentalis caurina); Environmental Protection Information Center, Plaintiffs-Appellees, v. Bruce BABBITT, Secretary, U.S. Department of Interior; Mollie Beattie, Director, United States Fish and Wildlife Service; Michael Spear, Director, Region 1, United States Fish & Wildlife Service; United States Fish & Wildlife Service, Defendants, and Pacific Lumber Company, a Delaware Corporation; Scotia Pacific Holding Company, a Delaware Corporation; Salmon Creek Corporation, a Delaware Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 7, 1996.

Attorney(s) appearing for the Case

Jared G. Carter, Behnke & Oglesby, Ukiah, California and David S. Winton, Pillsbury Madison & Sutro, San Francisco, California, for defendants-appellants.

Thomas N. Lippe, San Francisco, California, for plaintiffs-appellees.

James C. Kilbourne and Edward J. Shawaker, Appellate Section, United States Department of Justice, Washington D.C., for defendants-amici.

Before: THOMPSON and TASHIMA, Circuit Judges, and WILSON, District Judge.

DAVID R. THOMPSON, Circuit Judge:

The appellants are private corporations engaged in the lumber business. We refer to them collectively as "the Lumber Companies." They wanted to cut and remove dead, dying and decayed trees in California. The United States Fish & Wildlife Service (USFWS) consulted with them and provided them with information as to what they would have to do to avoid a "take" of endangered species under the Endangered Species Act (ESA).

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