United States DC Circuit
Am. Bird Consrevancy, Inc. v. FCC, 06-1165
Order denying in part and dismissing in part petition seeking protection of migratory birds from collisions with communications towers in the Gulf Coast region is vacated as respondent failed to apply the proper National Environmental Policy Act standard, to provide a reasoned explanation on consultation under the Endangered Species Act, and to provide meaningful notice of pending tower applications.
Appellate Information
- Decided 02/19/2008
- Published 02/19/2008
Judges
- Before ROGERS, GARLAND and KAVANAUGH, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Jennifer C. Chavez argued the cause for petitioner. With her on the briefs was Stephen E. Roady.
- For Appellees:
- Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were Andrew C. Mergen and Jennifer L. Scheller, Attorneys, U.S. Department of Justice, Samuel L. Feder, General Counsel, Federal Communications Commission, Joseph R. Palmore, Acting Deputy General Counsel, and Laurel R. Bergold, Counsel., Michael F. Altschul, Gary L. Phillips, Michael P. Goggin, M. Robert Sutherland, Ian H. Gershengorn, Elaine J. Goldenberg, Jane E. Mago, Jerianne Timmerman, Ann West Bobeck, Michael T. Fitch, L Andrew Tollin, and Craig E. Gilmore were on the brief for intervenors in support of respondents.