United States Ninth Circuit

In a dispute brought by a tribe involving mining in the Klamath River and alleging violations of Section 7 of the Endangered Species Act (ESA), 16 U.S.C. section 1536(a)(2), summary judgment by district court that a decision permitting a mining operation to proceed on the sole basis of a Notice of Intent (NOI) is affirmed because the NOI process does not constitute an agency action as defined under the ESA, such that an interagency consultation is mandatory.

Appellate Information

• Decided 04/07/2011
• Published 04/07/2011

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Roger Flynn, John C. Cruden