United States Ninth Circuit

In this case concerning a lumber thinning and fuel reduction project and its effect on the threatened Northern Spotted Owl, plaintiff alleges that the federal government violated various national environmental laws in failing to consult adequately as to the project's potential effects on the owl. Summary judgment in favor of the government is affirmed, where: 1) the Forest Service did not violate the consultation requirements of 50 C.F.R. section 402.16 because the Forest Service did not fail to consider any allegedly "new information" covered by the 2011 Recovery Plan for the Northern Spotted Owl that was not previously considered; 2) the agencies did not fail to use the best scientific and commercial data available as required by the Endangered Species Act; and 3) the consultations and conclusions that the project was not likely to adversely affect the owl were adequate under section 402.16, 16 U.S.C. section 1536(a)(2), and the "hard look" standard of the National Environmental Policy Act, and therefore the actions taken by defendants were neither arbitrary nor capricious.

Appellate Information

• Decided 12/16/2014
• Published 12/16/2014

Judges

• Thomas

Court

• United States Ninth Circuit

Counsel