United States Tenth Circuit

In a suit brought by environmental nonprofit groups to compel the U.S. Forest Service to consult with the Fish and Wildlife Service as to whether certain national forest land and resource management plans may jeopardize the continued existence of a lynx population segment, plaintiffs' allegation of "agency action" in the amended complaint was insufficient to sustain its claim against the Forest Service under the relevant section of the Endangered Species Act (ESA).

Appellate Information

• Decided 02/23/2007
• Published 02/25/2007

Judges

• BALDOCK, Circuit Judge., Before MURPHY, BALDOCK, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Matthew K. Bishop, Western Environmental Law Center, Taos, NM, for Plaintiffs-Appellants.


• For Appellees:
  
• Mark R. Haag, Attorney (Kelly A. Johnson, Assistant Attorney General;  James C. Kilbourne, Attorney) Environmental & Natural Resources Division, Department of Justice, Washington, D.C., for Defendants-Appellees.