United States Ninth Circuit
Karuk Tribe of California v. US Forest Service, 05-16801
In a suit under the Endangered Species Act (ESA) challenging the Forest Service's failure to consult with federal agencies before allowing mining activities to proceed under a Notice of Intent (NOI) in critical habitat of a listed endangered species, the district court's denial of summary judgment to the plaintiffs is reversed, where consultation was required because: 1) the Forest Service's approval of four NOIs to conduct mining in the Klamath National Forest was "agency action" within the meaning of Section 7 of the ESA; and 2) the approved mining activities "may affect" a listed species or its critical habitat.
Appellate Information
- Decided 06/01/2012
- Published 06/01/2012
Judges
- W. Fletcher
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Roger Flynn, Lane N. McFadden