United States Ninth Circuit

The Bureau of Land Management's (BLM) failure to regulate certain vested rights-of-way held by private landowners to divert water for irrigation uses did not constitute "action authorized, funded, or carried out" by the BLM so as to require consultation pursuant to the Endangered Species Act (ESA) because the duty to consult is triggered by affirmative actions.

Appellate Information

• Argued 10/21/2005
• Decided 07/24/2006
• Published 07/24/2006

Judges

• KING, District Judge:, Before: B. FLETCHER and McKEOWN, Circuit Judges, and KING, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• L. Michael Bogert, Perkins Coie, Boise, ID, for amicus curiae Western Urban Water Coalition, Denver Water Board, Metropolitan Water District of Southern California, and City of Tucson Water Department., Robin L. Rivett, Sacramento, CA, for amicus curiae Pacific Legal Foundation.


• For Appellees:
  
• David C. Shilton, United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C., for the defendants-appellants., Clay R. Smith, Deputy Attorney General, Natural Resources Division, Boise, ID, for the defendant-intervenor-appellant., Laurence J. Lucas, Boise, ID, for the plaintiffs-appellees.