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OREGON NATURAL RESOURCES COUNCIL, INC. v. KANTOR

No. 96-15046.

99 F.3d 334 (1996)

OREGON NATURAL RESOURCES COUNCIL, INC.; Oregon Trout; Coast Action Group; Coast Range Association; Environmental Protection Information Center; Garcia River, Friends of the; Klamath Forest Alliance; Marbly Mountain Audubon; Mendocino Environmental Center; Mt. Shasta Area Audubon Society; National Audubon Society; Northcoast Environmental Center; Pilchuck Audubon Society; Portland Audubon Society; Save The West; Sierra Club; Siskiyou Audubon Society; Siskiyou Regional Education Project; Tenmile Creek Association; Trout Unlimited, CA; Western Ancient Forest Campaign, Plaintiffs-Appellants, v. Michael KANTOR, Secretary of Commerce; Rolland A. Schmitten, Assistant Administrator for National Marine Fisheries Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1996.

Attorney(s) appearing for the Case

Michael R. Sherwood, Sierra Club Legal Defense Fund, Inc., San Francisco, CA, for plaintiffs-appellants.

Elizabeth M. Osenbaugh (briefed), M. Alice Thurston (argued), United States Department of Justice, Washington, DC, and James A. Coda, Assistant United States Attorney, San Francisco, CA, for defendants-appellees.

Before CANBY and FERNANDEZ, Circuit Judges, and KING, District Judge.

FERNANDEZ, Circuit Judge:

INTRODUCTION

The Oregon Natural Resources Council and various other environmental and fishing organizations (collectively "ONRC"), appeal the district court's grant of partial summary judgment against them in their citizen suit under the Endangered Species Act of 1973 (ESA), as amended, 16 U.S.C. §§ 1531-44. They sought an injunction to compel the Secretary of Commerce to make more speedy determinations regarding the addition...

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