The Wilderness Society Alaska Center for the Environment v. United States Fish & Wildlife Service

Ninth Circuit

The Wilderness Society Alaska Center for the Environment v. United States Fish & Wildlife Service

360 F.3d 1374, 2004 U.S. App. LEXIS 4880, 2004 WL 503799

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 16, 2004

Docket01-35266

StatusPublished

Cited by11 cases

This text of 360 F.3d 1374 (The Wilderness Society Alaska Center for the Environment v. United States Fish & Wildlife Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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The Wilderness Society Alaska Center for the Environment v. United States Fish & Wildlife Service, 360 F.3d 1374, 2004 U.S. App. LEXIS 4880, 2004 WL 503799 (9th Cir. 2004).

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Opinion

ORDER

Defendant-appellee’s Petition for Rehearing En Banu Regarding Remedy is GRANTED.

The opinion of the en banc court in this case, Wilderness Society v. United States Fish and Wildlife Serv., 353 F.3d 1051 (9th Cir.2003), is amended as follows:

In Section IV of the en banc court’s opinion, 353 F.3d at 1070, after the paragraph concluding “[plaintiffs were entitled to gain a final judgment enjoining operation of the Tustumena Lake Sockeye Salmon Enhancement Project,” insert a new paragraph that reads:

“On remand, the scope of immediate injunctive relief is submitted to the discretion of the District Court. The District Court shall have discretion, upon an adequate showing of justification, to fashion the injunction so as to accommodate a resolution with respect to this year’s batch, and this year’s batch only, of six million sockeye salmon fry from Bear Creek that are currently in the CIAA’s Trail Lakes hatchery. See Nat’l Parks & Conservation Ass’n v. Babbitt, 241 F.3d 722, 740 (9th Cir.2001).”

IT IS SO ORDERED.

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ORDER

Defendant-appellee’s Petition for Rehearing En Banu Regarding Remedy is GRANTED.

The opinion of the en banc court in this case, Wilderness Society v. United States Fish and Wildlife Serv., 353 F.3d 1051 (9th Cir.2003), is amended as follows:

In Section IV of the en banc court’s opinion, 353 F.3d at 1070, after the paragraph concluding “[plaintiffs were entitled to gain a final judgment enjoining operation of the Tustumena Lake Sockeye Salmon Enhancement Project,” insert a new paragraph that reads:

“On remand, the scope of immediate injunctive relief is submitted to the discretion of the District Court. The District Court shall have discretion, upon an adequate showing of justification, to fashion the injunction so as to accommodate a resolution with respect to this year’s batch, and this year’s batch only, of six million sockeye salmon fry from Bear Creek that are currently in the CIAA’s Trail Lakes hatchery. See Nat’l Parks & Conservation Ass’n v. Babbitt, 241 F.3d 722, 740 (9th Cir.2001).”

IT IS SO ORDERED.

Coeur D'Alene Tribe of Idaho, Nez Perce Tribe Shoshone-Bannock Tribes v. Duwayne D. Hammond, Jr. Coleen Grant Larry Watson Severina Sam Haws, in Their Official Capacity as Commissioners of the Idaho State Tax Commission, Coeur D'Alene Tribe of Idaho Nez Perce Tribe, and Shoshone-Bannock Tribes v. Duwayne D. Hammond, Jr. Coleen Grant Larry Watson Severina Sam Haws, in Their Official Capacity as Commissioners of the Idaho State Tax Commission, Coeur D'Alene Tribe of Idaho, and Shoshone-Bannock Tribes Nez Perce Tribe v. Duwayne D. Hammond, Jr. Coleen Grant Larry Watson Severina Sam Haws, in Their Official Capacity as Commissioners of the Idaho State Tax Commission

384 F.3d 674 (Ninth Circuit, 2004)

Coeur D'Alene Tribe v. Hammond

384 F.3d 674 (Ninth Circuit, 2004)

Barnes v. Babbitt

329 F. Supp. 2d 1141 (D. Arizona, 2004)

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360 F.3d 1374, 2004 U.S. App. LEXIS 4880, 2004 WL 503799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-wilderness-society-alaska-center-for-the-environment-v-united-states-ca9-2004.

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