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BIODIVERSITY LEGAL FOUNDATION v. BABBITT

No. 97-1131.

146 F.3d 1249 (1998)

BIODIVERSITY LEGAL FOUNDATION and Marie Ellen Morrissey, Plaintiffs-Appellants, v. Bruce BABBITT, in his official capacity as Secretary of the Interior; and Mollie Beattie, in her official capacity as Director of the United States Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 29, 1998.

Attorney(s) appearing for the Case

Neal Levine of Earthlaw, Denver, Colorado, for Plaintiffs-Appellants.

James C. Kilbourne (James F. Simon, Henry L. Solano, and Stephen D. Taylor of the Office of the United States Attorney, and M. Alice Thurston and Mark A. Brown with him on the brief), Department of Justice, Washington, DC, for Defendants-Appellees.

Before KELLY and HENRY, Circuit Judges, and BRETT, Senior District Judge.

PAUL KELLY, Jr., Circuit Judge.

Plaintiffs-Appellants Marie Morrissey and the Biodiversity Legal Fund (collectively "Biodiversity") appeal from the district court's grant of summary judgment in favor of defendants-appellees Bruce Babbitt, Mollie Beattie, and the Fish and Wildlife Service (collectively "the Service"). The district court held that the Service's failure to make a preliminary 90-day finding on the petition to...

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