Palila, (Psittirostra Bailleui), an Endangered Species, Plaintiffs v. Hawaii Department of Land and Natural Resources

INTRODUCTION

This action was brought on behalf of an endangered bird, the Palila, pursuant to the Endangered Species Act, 16 U.S.C. § 1531 et seq. (1974). The district court held that no disputed material facts existed and that the State of Hawaii’s game management practices involving feral goats and sheep in the Palila’s habitat constituted an unlawful “taking” as defined by the Act. 471 F.Supp. 985 (D. Hawaii 1979). The court granted summary judgment in favor of plaintiffs and against the defendants Hawaii Department of Land and Natural Re sources and Susumu Ono, Chairman of the Hawaii Board of Land and Natural Resources. The court ordered that the sheep and goats be permanently removed from the bird’s critical habitat.

Two issues are raised on appeal: (1) are there disputed material facts that preclude summary judgment; and (2) did the trial court err in finding that Hawaii’s actions constituted a “taking” as defined by the Act?

We affirm.

FACTS AND PROCEEDINGS BELOW

The Palila bird is a finch-billed member of the Hawaiian Honeycreeper family (Drepanididae) and is found only in Hawaii. It has been classified as an endangered species since 1967. Although the exact…