ELR Citation: ELR 20597
No(s). 87-5197 (9th Cir. Mar 9, 1988)

The court holds that a municipal corporation is not a "person" subject to the requirements of the Endangered Species Act. Although the Act defines "person" as including "instrumentalities" of political subdivisions, a municipal corporation cannot be considered both a political subdivision and an instrumentality of a political subdivision. The court notes, however, that a city's employees would be subject to the Act, since they are clearly "instrumentalities."

Counsel for Plaintiff-Appellant
John A. Bryson
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2740

Counsel for Defendant-Appellee
Michael J. Lightfoot, Stephen B. Sadowsky
Talcott, Lightfoot, Vandervelde, Woehrle & Sadowsky
30th Floor, 655 S. Hope St., Los Angeles CA 90017
(213) 622-4750

Before Canby and Wiggins, JJ.