Ninth Circuit Rules That ESA Consultation Is Not Triggered When an Agency Decides Not to Require a Plan of Operations

摘要

In Karuk Tribe v. U.S. Forest Service,___F.3d___, 2011 WL 1312564 (9th Cir. Apr. 7,2011), the Ninth Circuit ruled that the U.S. Forest Service (Forest Service) is not required to engage in consultation under Section 7 of the Endangered Species Act (ESA), 16 U.S.C. § 1536(a)(2), when it determines that a proposed mining operation does not require a plan of operations (POO). One judge "respectfully but emphatically" disagreed. Karuk, 2011 WL 1312564, at *12.