Court of Appeals for the Ninth Circuit March 24, 1995, 94-35070 (Forest Conservation Council v. Rosboro Lumber Company)

PREGERSON, Circuit Judge:

Plaintiff-Appellant Forest Conservation Council (“FCC”) appeals the district court’s order granting summary judgment in favor of Defendant-Appellee Rosboro Lumber Company (“Rosboro”). FCC sued Rosboro under the citizen suit provision of the Endangered Species Act, 16 U.S.C. § 1540(g)(1)(A), for violating 16 U.S.C.