ELR Citation: ELR 20669
No(s). 78-0030 (D. Haw. Dec 6, 1985)

The court holds that plaintiffs suing on behalf of an endangered species are not entitled to summary judgment on their claim that mouflon sheep threaten the Palila's critical habitat. The court initially holds that the word "harm" in the definition of "taking" in the Endangered Species Act is not limited to acts that actually kill or injure wildlife. Significant modifications of the critical habitat that result in injury to a protected species are included in the definition. The court holds that questions exist as to the present definition of the Palila's critical habitat and as to whether complete eradication of mouflon sheep is necessary within that area.

[Earlier decisions in this case appear at 9 ELR 20426 and 11 ELR 20446.]

Counsel for Plaintiffs
Michael R. Sherwood
Sierra Club Legal Defense Fund, Inc.
2044 Fillmore St., San Francisco CA 94115
(415) 567-6100

Counsel for Defendant
Edwin P. Watson, Deputy Attorney General
State Capitol
Honolulu HI 96813
(808) 548-4740