9th Circ. Backs FCC Over Bird-Killing Towers

Law360, New York (October 7, 2008, 12:00 AM EDT) -- An appeals court has grounded allegations by conservationists that the U.S. Federal Communications Commission violated the Endangered Species Act when it issued communication tower permits in Hawaii without considering the towers' environmental impact.

Judges Diarmuid O’Scannlain, A. Wallace Tashima and Milan Smith, Jr., of the U.S. Court of Appeals for the Ninth Circuit held on Monday that American Bird Conservancy is required to go through the agency’s administrative process when objecting to tower-licensing practices in rare bird habitats in Hawaii, and echoed the lower court’s dismissal...
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