Palila v. Hawaii Department of Land and
Natural Resources case brief
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(639 F.2d 495 (9th Cir. 1981))
CASE SYNOPSIS: Defendants, the state
department of land and natural resources and the department chairman,
challenged an award of summary judgment to plaintiff environmental
groups by the United States District Court for the District of
Hawaii. The action alleged violations of the Endangered Species Act,
16 U.S.C.S. §§ 1531 et seq.
FACTS: This action was brought on behalf of an endangered bird. The action alleged that defendants, department of land and natural resources and chairman, violated the Endangered Species Act (Act), 16 U.S.C.S. §§ 1531 et seq., by maintaining feral sheep and goats in the bird's critical habitat. The district court awarded summary judgment to plaintiff environmental groups and the court affirmed. The court noted that the only facts material to the case were those relating to whether the bird was an endangered species and, if so, whether defendants' actions amounted to a taking. The court concluded that no genuine issues of material fact precluded summary judgment. Defendants' actions were found to be a violation of the Act because the bird was endangered by the activity. The court found ample evidence showing that complete eradication of the feral animals was necessary to prevent harm to the bird and noted that defendants did not rebut that showing. Accordingly, the court found no error in the finding that defendants' actions constituted a "taking" of the bird within the meaning of the Act.
CONCLUSION: The court affirmed the award of summary judgment to plaintiff environmental groups. There was no genuine issue of material fact and the actions of defendants, department of land and natural resources and chairman, in maintaining feral sheep and goats in an endangered bird's critical habitat constituted a taking under the Endangered Species Act.
FACTS: This action was brought on behalf of an endangered bird. The action alleged that defendants, department of land and natural resources and chairman, violated the Endangered Species Act (Act), 16 U.S.C.S. §§ 1531 et seq., by maintaining feral sheep and goats in the bird's critical habitat. The district court awarded summary judgment to plaintiff environmental groups and the court affirmed. The court noted that the only facts material to the case were those relating to whether the bird was an endangered species and, if so, whether defendants' actions amounted to a taking. The court concluded that no genuine issues of material fact precluded summary judgment. Defendants' actions were found to be a violation of the Act because the bird was endangered by the activity. The court found ample evidence showing that complete eradication of the feral animals was necessary to prevent harm to the bird and noted that defendants did not rebut that showing. Accordingly, the court found no error in the finding that defendants' actions constituted a "taking" of the bird within the meaning of the Act.
CONCLUSION: The court affirmed the award of summary judgment to plaintiff environmental groups. There was no genuine issue of material fact and the actions of defendants, department of land and natural resources and chairman, in maintaining feral sheep and goats in an endangered bird's critical habitat constituted a taking under the Endangered Species Act.
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