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PALILA v. HAWAII DEPT. OF LAND AND NAT. RESOURCES

No. Civ. 78-0030.

73 F.Supp.2d 1181 (1999)

PALILA (Loxioides bailleui, formerly Psittirostra bailleui), an endangered species; Sierra Club, a non-profit corporation; National Audubon Society, a non-profit association; Hawaii Audubon Society, a non-profit association; and Alan C. Ziegler, Plaintiffs, v. HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES; and Timothy E. Johns, in his capacity as Chairman of the Hawaii Board of Land and Natural Resources, Defendants, and Sportsmen of Hawaii, Inc.; Hawaii Island Archery Club; Hawaii Rifle Association; Gerald Kang; Kenneth Funai; John Wong; and Irwin Kawano, Defendants-Intervenors.

United States District Court, D. Hawaii.

October 13, 1999.

Attorney(s) appearing for the Case

Paul H. Achitoff, Earthjustice Legal Defense Fund, Honolulu, HI, for plaintiffs.

Michael Q.Y. Lau, Deputy Attorney General, Earl Anzai, Attorney General of Hawaii, Department of the Attorney General, State of Hawaii, Honolulu, HI, for defendants.

John S. Carroll, Honokaa, HI, for defendant-intervenor, Sportsmen of Hawaii, Inc. and Amicus Curiae Wildlife Conservation Association of Hawaii.

DECISION AND ORDER

SAMUEL P. KING, Senior District Judge.

The Palila (Loxioides bailleui, formerly Psittirostra baillieui) is high on the worldwide list of endangered species. The Palila was listed as an endangered species by the Secretary of the Interior in 1967, 32 Fed.Reg. 4001 (1967), and it still remains on the list of endangered species. 50 C.F.R. § 17.11 (1999).

The natural...

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