Jump to Navigation
Jump to Content

Tex Tin Settling Defendants Steering Comm. v. Great Lakes Carbon Corp.

ELR Citation: 38 ELR 20256
Nos. Nos. G-96-0247, -0272, (S.D. Tex., 09/22/2008)

The Ninth Circuit held that a bird conservation group may not use the citizen suit provision of the Endangered Species Act (ESA) to challenge the Federal Communications Commission's decision to issue licenses for seven communications towers in Hawaii. Where one statute provides for exclusive jurisdiction in the courts of appeals and the other for general jurisdiction in the district courts, jurisdiction is generally proper in the courts of appeals. Although the group argued that their claim fell under the citizen suit provision of the ESA, it was, in effect, challenging an "order of the Commission." As such, their claim falls under §402(a) of the Communications Act, which provides for exclusive review in the courts of appeals. Because the specific jurisdictional provision contained in the Communications Act trumps the more general citizen suit provision of the ESA, the lower court properly dismissed the group's claim for lack of subject matter jurisdiction.