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MARBLED MURRELET v. BABBITT

No. 96-15617.

111 F.3d 1447 (1997)

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, Defendant, 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 April 18, 1997.

Attorney(s) appearing for the Case

Jared G. Carter and Frank Shaw Bacik, Rawles, Hinkle, Carter, Behnke & Oglesby, Ukiah, California, for defendants-appellants.

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

Before: NORRIS, KOZINSKI and TASHIMA, Circuit Judges

WILLIAM A. NORRIS, Circuit Judge:

In an action filed on behalf of the marbled murrelet and the northern spotted owl under the Endangered Species Act ("ESA") and under the National Environmental Policy Act ("NEPA"), Appellee Environmental Protection Information Center ("EPIC") secured a preliminary injunction enjoining Appellants from conducting logging activities in Humboldt County, California pursuant to eight Timber Harvest Plans ("THPs").

The district court...

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