Conservation Congress v. Finley
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Court: U.S. Court of Appeals for the Ninth Circuit Docket: 12-16916
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Opinion Date:
December 16, 2014
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Areas of Law: Environmental Law, Government & Administrative Law
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Conservation Congress filed suit contending that the federal
government violated national environmental laws in failing to consult
adequately as to the Beaverslide Project's potential effects on the Northern
Spotted Owl. The Project is a lumber thinning and fuel reduction project in
northern California.
The district court granted summary judgment in favor of
the government. The court concluded that the district court properly held that
Conservation Congress provided sufficient notice of intent to sue to confer
jurisdiction on the district court to entertain the Endangered Species Act
(ESA), 16 U.S.C. 1531 et seq., claims; the ESA claims are not moot; the
district court properly granted summary judgment to the government on the
merits of Conservation Congress's claims under the ESA where the Forest Service
did not violate the consultation requirements of 50 C.F.R. 402.16.
The district
court properly concluded that the agencies did not fail to use "the best
scientific and commercial data available," as required by the ESA; and the
district court properly granted summary judgment on Conservation Congress's
National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., claims under
the "hard look" standard. Accordingly, the court affirmed the judgment.