United States Ninth Circuit
Am. Bird Conservatory v. Fed. Communications Comm'n., 06-15429
In a suit brought under the citizen suit provisions of the Endangered Species Act, dismissal due to lack of district court subject matter jurisdiction is affirmed where: 1) though plaintiff attempted to plead failure of the FCC to consult with the Secretary of the Interior prior to issuing registrations to seven radio towers in Hawaii, plaintiff actually was challenging the registrations themselves; and 2) under section 402(a) of the Communications Act, only the court of appeals can hear challenges to such registrations.
Appellate Information
- Argued 11/02/2007
- Decided 10/06/2008
- Published 10/06/2008
Judges
- O'SCANNLAIN, Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- 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.
- For Appellees:
- 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.