Kantor

Oregon Natural Resources Council, Inc. v. Kantor

Good Law
99 F.3d 334·1996 WL 628186
United States Court of Appeals for the Ninth CircuitOctober 31, 1996No. 96-15046California2,297 words

Opinion

Lead Opinion

Fernandez, J.

INTRODUCTION

The Oregon Natural Resources Council and various other environmental and fishing organizations (collectively “ONRC”), appeal the district court’s grant of partial summary judgment against them in their citizen suit under the Endangered Species Act of 1973 (ESA), as amended, 16 U.S.C. §§ 1531-44 . They sought an injunction to compel the Secretary of Commerce to make more speedy determinations regarding the addition of coho salmon to the endangered species list. We affirm.

BACKGROUND

On October 20,1993, ONRC filed a petition with the Secretary of Commerce to list coho salmon as an endangered or threatened species throughout its range in Washington, Oregon and California. On January 26, 1994, the Secretary published his determination that the listing of coho salmon may be warranted. ■■

On June 1, 1995, ONRC filed a complaint against the Secretary for injunctive and declaratory relief. The complaint alleged, inter alia, that the Secretary had faded to meet the statutory deadline under the ESA within which to make a determination whether coho salmon should be listed as endangered or threatened, and if so, to publish a proposed regulation listing the coho salmon. ONRC…

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