United States First Circuit

Under the 60-day notice for citizen suits under the Endangered Species Act, 16 USC 1540(g)(2)(A), a letter to government agency alleging ongoing delinquency in the preparation of a biological assessment provides sufficient notice even if it does not specifically mention a biological assessment.

Appellate Information

• Decided 11/09/2001
• Published 11/13/2001

Judges

• STAHL, Senior Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert F. Kennedy, Jr., with whom Scott A. Edwards, Maria Jimenez Colon, Celina Romany, and Foster Maer, were on brief, for appellants.


• For Appellees:
  
• Kathryn E. Kovacs, Attorney, U.S. Department of Justice, with whom David C. Shilton, Attorney, U.S. Department of Justice, Wayne Hettenbach, Attorney, U.S. Department of Justice, Stephen G. Bartell, Attorney, U.S. Department of Justice, Eileen T. McDonough, Attorney, U.S. Department of Justice, John C. Cruden, Acting Assistant Attorney General, U.S. Department of Justice, Guillermo Gil, United States Attorney, Isabel Munoz Acosta, Assistant United States Attorney, Marc Swartz, U.S. Department of the Navy, Office of General Counsel, and Cathleen Reynolds, U.S. Department of the Navy, Office of General Counsel, were on brief, for appellees.