American Bird Conservancy v. FCC
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AMERICAN BIRD CONSERVANCY;
FOREST CONSERVATION COUNCIL;
CONSERVATION COUNCIL FOR
No. 06-15429
HAWAII,
Plaintiffs-Appellants, D.C. No.
CV-05-00461-DAE
v.
OPINION
FEDERAL COMMUNICATIONS
COMMISSION,
Defendant-Appellee. Appeal from the United States District Court for the District of Hawaii David A. Ezra, District Judge, Presiding
Argued and Submitted November 2, 2007—Honolulu, Hawaii
Filed October 6, 2008
Before: Diarmuid F. O’Scannlain, A. Wallace Tashima, and Milan D. Smith, Jr., Circuit Judges.
Opinion by Judge O’Scannlain
14163 14166 AMERICAN BIRD CONSERVANCY v. FCC
COUNSEL
Steven Sugarman, Santa Fe, New Mexico, argued the cause for the plaintiffs-appellants and filed the briefs; Alletta Belin, Santa Fe, New Mexico, Paul H. Achitoff and Isaac H. Morikawe, Earthjustice, were on the briefs.
Michael T. Gray, Attorney, U.S. Department of Justice, Washington, D.C., argued the cause for the defendant- AMERICAN BIRD CONSERVANCY v. FCC 14167 appellee and filed the brief; Sue Ellen Wooldridge, Assistant Attorney General, Kristen Byrnes Floom and Lisa E.…