Marbled Murrelet v. Babbitt

61 F.3d 911 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MARBLED MURRELET (Brachyramphus Marmoratus); Environmental Protection Information Center, Inc., Plaintiff-Appellants, v. Bruce BABBITT, Secretary, Department of the Interior; John Turner, Director, United States Fish & Wildlife Service; Marvin L. Plenert, Region 1 Director, United States Fish & Wildlife Service; United States Fish & Wildlife Service; Pacific Lumber Co.; California State Board of Forestry; California Department of Forestry & Fire Protection, Defendant-Appellees. No. 94-15194. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 1995. Decided July 13, 1995. 1 Before: CANBY and FERNANDEZ, Circuit Judges, and FITZGERALD, District Judge * 2 MEMORANDUM ** 3 The Environmental Protection Information Center and the marbled murrelet, 1 a threatened species under federal law and an endangered one under California law, appeal the district court's dismissal of the state…