United States Ninth Circuit

In an evnironmental action alleging the Forest Service violated the ESA when it decided not to reinitiate consultation after the Fish & Wildlife Service (FWS) revised its critical habitat designation to include National Forest land for the Canada lynx, a threatened species under the Endangered Species Act of 1973 (ESA), 16 U.S.C. section 1531, the district court's judgement is: 1) affirmed as to the finding that violated Section 7 of the ESA when it failed to reinitiate consultation after the United States Fish and Wildlife Service designated critical habitat for the Canada lynx on National Forest land; and 2) affirmed as to the denial of injunctive relief to Cottonwood Environmental Law Center. The court also concluded that: 1) Cottonwood had Article III standing to challenge the Lynx Amendments; and 2) Cottonwood’s lawsuit was ripe for adjudication.

Appellate Information

• Decided 06/17/2015
• Published 06/17/2015

Judges

• Paez,

Court

• United States Ninth Circuit

Counsel