Attorney(s) appearing for the Case
Jacob Tanzer, Ball, Janik, & Novack, Portland, Oregon, for plaintiffs-appellants.
J. Carol Williams, United States Department of Justice, Washington, DC, for federal defendants-appellees.
Stephanie L. Striffler, Assistant Attorney General, Salem, Oregon, for defendant-appellee State of Oregon.
T. Henry Wilson, III, Assistant Attorney General, Anchorage, Alaska, for defendant-appellee State of Alaska.
Robert K. Costello, Assistant Attorney General, Olympia, Washington, for defendant-appellee State of Washington.
Before REINHARDT, KOZINSKI and FERNANDEZ, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
REINHARDT, Circuit Judge:
This case raises several questions of statutory interpretation involving the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA), and the way in which the two statutory schemes interact.
First, we must decide whether the issuance of an incidental take statement under § 7 of the ESA may in appropriate circumstances permit parties that are neither federal agencies nor applicants to engage in incidental...
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