Coho Salmon v. Pacific Lumber Co.

The Environmental Protection Information Center, Inc. (“EPIC”), Sierra Club (“Club”), and Northcoast Environmental Center (“Northcoast”) (collectively, “organizations”) together with the coho salmon, a threatened species under federal law, bring this action against Pacific Lumber Company and its subsidiaries (collectively, “PALCO”) to permanently enjoin PALCO from causing a “take” of coho salmon through its timber harvesting operations in various watersheds in Humboldt County, California, in violation of section 9 of the Endangered Species Act (“ESA”), 16 U.S.C. § 1538 .

■Now before the court is PALCO’s motion for summary judgment on whether each of the plaintiffs has standing to bring this action pursuant to the ESA and its motion to dismiss under the doctrine of primary jurisdiction. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

Plaintiffs are non-profit organizations which serve their members by seeking to protect and conserve the remaining wild coho salmon and their habitat in northern California, including those which “may exist” in the watersheds of…