ELR Citation: ELR 20562
No(s). 87-0297-B (D. Me. Oct 9, 1987)

The court rules that the Endangered Species Act's (ESA's) 60-day notice requirement for citizen suits is jurisdictional and applies to emergency actions. The First Circuit's strict reading of the 60-day notice requirements in other environmental statutes applies to the ESA's virtually identical notice provision. The court holds that the notice provision applies to emergency actions against private defendants, including plaintiff's request to preliminarily enjoin further development of property that serves as a bald eagle breeding habitat. Congress' failure to provide a waiver of the notice requirement in emergency cases for citizen suits against private defendants while explicitly waiving the notice requirement in such actions against the Secretary of the Interior indicates that the 60-day notice requirement should not be waived in this case.

Counsel for Plaintiff
Karin R. Tilberg
Maine Audubon Society
Gilsland Farm, 118 Rt. 1, Falmouth ME 04105
(207) 781-2330

Counsel for Defendants
Philip R. Foster, Stephen D. Foster
Foster Law Offices
144 High St., P.O. Box 919, Ellsworth ME 04605
(207) 667-4567