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United States Ninth Circuit


Ctr. for Biological Diversity v. Marina Pt. Dev. Co., 06-56193

In a Clean Water Act (CWA) and Endangered Species Act (ESA) action against a developer, judgment for Plaintiffs is vacated and the District Court is instructed to dismiss for lack of jurisdiction where: 1) Plaintiffs failed to notify Defendants of their intent to sue as required by the CWA; and 2) Plaintiffs' claims under the ESA were moot.

Appellate Information

  • Argued 07/14/2008
  • Decided 05/14/2009
  • Published 05/14/2009

Judges

  • Before:  FERDINAND F. FERNANDEZ, PAMELA ANN RYMER, and ANDREW J. KLEINFELD, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Robert D. Crockett, Latham & Watkins LLP, Los Angeles, CA, for the defendants-appellants., Bernice Conn, Robins, Kaplan, Miller & Ciresi L.L.P., Los Angeles, CA, for the plaintiffs-appellees.
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