Lane County Audubon Society, Plaintiffs-Appellants/cross-Appellees v. Cy Jamison, Defendants-Appellees/cross-Appellants

In June of 1989, the United States Fish & Wildlife Service (FWS) proposed listing the northern spotted owl as a threatened species under the Endangered Species Act, 16 U.S.C. §§ 1531 et seq. (ESA). See 54 Fed. Reg. 26666 (June 23, 1989). In addition, in October of 1989, the Interagency Scientific Committee to Address the Conservation of the Northern Spotted Owl (the ISC) was formed to “develop a scientifically credible conservation strategy for the northern spotted owl.” In May of 1990, the ISC issued its Final Report, concluding that the lack of a consistent planning strategy has resulted in a high risk of extinction for the owl. In June of 1990, the FWS listed the northern spotted owl as a threatened species pursuant to the ESA. See 55 Fed.Reg. 26189 (June 26, 1990). The FWS based its decision to list the owl on its finding that “[ejxisting regulatory mechanisms are insufficient to protect either the northern spotted owl or its habitat.” Id. at 26190 .

In response to these events, the Bureau of Land Management (BLM), which manages approximately 1,149,954 acres of the remaining old growth forests suitable for spotted owl habitat in western Oregon, promulgated a document entitled…