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AMERICAN BIRD CONSERVANCY v. F.C.C.

No. 06-15429.

545 F.3d 1190 (2008)

AMERICAN BIRD CONSERVANCY; Forest Conservation Council; Conservation Council for Hawaii, Plaintiffs-Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2008.

Attorney(s) appearing for the Case

Steven Sugarman, Santa Fe, NM, argued the cause for the plaintiffs-appellants and filed the briefs; Alletta Belin, Santa Fe, NM, Paul H. Achitoff and Isaac H. Morikawe, Earthjustice, were on the briefs.

Michael T. Gray, Attorney, U.S. Department of Justice, Washington, D.C., argued the cause for the defendant-appellee and filed the brief; Sue Ellen Wooldridge, Assistant Attorney General, Kristen Byrnes Floom and Lisa E. Jones, Attorneys, U.S. Department of Justice, were on the brief.

Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether an environmental group may employ the citizen-suit provision of the Endangered Species Act to challenge a Federal Communications Commission decision to issue licenses for seven communications towers in Hawaii.

I

A

Congress enacted the Communications Act in 1934, 47 U.S.C. § 151 et seq., at the dawn of the radio age. The Act created the Federal Communications Commission ("FCC...

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