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CONSERVATION COUNCIL FOR HAWAI`I v. BABBITT

No. Civ. 97-00098 ACK.

24 F.Supp.2d 1074 (1998)

CONSERVATION COUNCIL FOR HAWAI`I, et al., Plaintiffs, v. Bruce BABBITT, Secretary of the Interior, et al., Defendants.

United States District Court, D. Hawai`i.

August 10, 1998.

Attorney(s) appearing for the Case

David L. Henkin, Sierra Club Legal Defense Fund, Inc., Honolulu, HI, Michael R. Sherwood, Sierra Club Legal Defense Fund, Inc., San Francisco, CA, for Conservation Council for Hawai`i, Sierra Club, Hawaiian Botanical Society.

Michael Chun, Office of the United States Attorney, Honolulu, HI, Kelly E. Mofield, Environmental and Natural Resources Division, Wildlife and Marine Resources Section, Washington, DC, for Bruce Babbitt, John Rogers.

James K. Mee, Ashford & Wriston, Honolulu, HI, Anne M. Hawkins, Robin L. Rivett, Pacific Legal Foundation, Sacramento, CA, for Hawai`i Forest Industry Association, amicus.

ORDER SETTING TIMETABLE FOR DETERMINATION OF CRITICAL HABITAT DESIGNATION OR NONDESIGNATION

KAY, Chief Judge.

BACKGROUND

This dispute involves the United States Fish and Wildlife Service's ("FWS" or "Service") final rules not designating critical habitats for 245 endangered or threatened Hawaiian plant species under the Endangered Species Act ("ESA"), 16 U.S.C. § 1531 et seq., on the grounds that designation is not...

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