Friends of Gualala River v. Gualala Redwood Timber, LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 30 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRIENDS OF GUALALA RIVER; No. 22-16924

CENTER FOR BIOLOGICAL DIVERSITY,

D.C. No. 3:20-cv-06453-JD Plaintiffs-Appellants,

v. MEMORANDUM*

GUALALA REDWOOD TIMBER, LLC,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Argued and Submitted September 13, 2024 San Francisco, California

Before: BYBEE, BEA, and MENDOZA, Circuit Judges.

Plaintiffs-Appellants Friends of Gualala (“Friends”) and the Center for

Biological Diversity (“the Center”) (collectively, “Appellants”) sue Defendant-

Appellee Gualala Redwood Timber, LLC (“Gualala Timber”) for violating the

Endangered Species Act, 16 U.S.C. § 1531 et seq. (“ESA”), by logging the Gualala

River floodplain and “taking” several endangered species, under the citizen suit

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.…