foreign influence, and leave the remaining 75% under the same regulations. This plan was met by extreme opposition from conservationists, who questioned the effectiveness of such a plan as well as where the money for the fence, an expensive project, would be found. While the land was partitioned as planned, no money was allocated for the building of the fence. During these wranglings, the federal Endangered Species Act was passed. The National Audubon Society and Sierra Club Legal Defense Fund filed a lawsuit against the Hawaii Department of Land and Natural Resources, claiming that they were violating federal laws of conservation. Hearings Basis The arguments of Palila et al. were based on wording in the Endangered Species Act that extended protection to "critical habitats...the loss of which would appreciably decrease the likelihood of the survival and recovery of the listed species." These arguments were centered on the Palila, an endemic species of finch-billed Hawaiian honeycreeper. Because of deforestation, the Palila, which used to range on Mauna Kea, Mauna Loa, and Hualālai, had its range cut to limited areas of Mauna Kea representing just 10% of its former range. A mass of records, reports, and studies had been amassed, all pointing to the feral game animals as the main perpetrator of the species' endangerment, and all recommending their total removal from the mountainside. In 1977 the species was included by the US Department of the Interior in a list of 10 extremely endangered animals. The defense argued that the game animals were no threat to the species, and that the Tenth Amendment gives states the power to control non-migratory birds within their own borders. Results The district court found the state violated the ESA, and ordered it to initiate steps towards the removal of feral sheep from the island within two years. Plans were approved for the eradication of the feral animals through a public hunting campaign. A request for appeal by the state was denied. Outcome There were several important outcomes from the legal debate: It established the right to protection of endangered animals to human conventions that damage the ecosystems which they live on. It showed that the federal government has over-reaching power in what was prior an internal state matter. The ability of endangered species to have standing to sue as plaintiffs in their own right was not questioned. (The trial court's opinion began, "The Palila (Psittirostra bailleui)