ELR Citation: ELR 20044
No(s). 90-1057 (1st Cir. Jul 6, 1990)

The court upholds sanctions under Rule 11 of the Federal Rules of Civil Procedure against two attorneys for failing to properly follow Endangered Species Act (ESA) notice requirements for citizen suits. The attorneys sought to enjoin private citizens from constructing a residential subdivision that allegedly would harm a pair of American bald eagles. The ESA contains a 60-day waiting period between the notice of intent to sue and the implementation of a citizen suit against a nonfederal defendant. Notice was not given until the day before the civil action was initiated. The court finds that there was ample time to carefully research ESA requirements and that there was no emergency on the day the suit was started. The case clearly establishes that the 60-day notice requirement in environmental statute citizen suit provisions must be read strictly. The court notes that the duty of reasonable inquiry includes a duty of reasonable disclosure, and that the attorneys violated this duty by failing to bring the notice issue to the court's attention.

Counsel for Appellants
Karin R. Tilberg, Harrison L. Richardson
Richardson & Troubh
465 Congress St., P.O. Box 9732, Portland ME 04104-5032
(207) 774-5821

Counsel for Plaintiffs
Philip R. Foster
P.O. Box 919, Ellsworth ME 04605
(207) 667-4567

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and SELYA, Circuit Judge.