Marbled Murrelet v. Babbitt

83 F.3d 1060 42 ERC 1661 , 26 Envtl. L. Rep. 20 ,995, 44 Fed. R. Evid. Serv. 349 , 96 Cal. Daily Op. Serv. 3205 , 96 Daily Journal D.A.R. 5299 , 96 Daily Journal D.A.R. 7536 MARBLED MURRELET, (Brachyramphus marmoratus); Environmental Protection Information Center, Plaintiffs-Appellees, v. Bruce BABBITT, Secretary, Department of Interior; John Turner, Director, United States Fish and Wildlife Service, et al., Defendants, and Pacific Lumber Company, Defendant-Appellant. No. 95-16504. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1996. Decided May 7, 1996. As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc June 26, 1996. Walter R. Allan, San Francisco, California, for defendant-appellant. Macon Cowles, Boulder, Colorado, for plaintiffs-appellees. Appeal from the United States District Court for the Northern District of California; Louis Charles Bechtle, District Judge, Presiding. Before: THOMPSON and TASHIMA, Circuit Judges, and WILSON, * District Judge. DAVID R. THOMPSON, Circuit Judge: 1 Pacific Lumber Company wanted to harvest trees on a portion of its land in an old-growth forest known as Owl Creek. The Environmental Protection…