Rock Creek Alliance v. U.S. Fish & Wildlife Service

Plaintiff-Appellant Rock Creek Alliance appeals the district court’s grant of summary judgment in favor of Defendant-Appellee the U.S. Fish and Wildlife Service and Intervenor-Defendant-Appellee Revett Silver Company in an action brought pursuant to Section 7 of the Endangered Species Act, which requires federal agencies to consult with the Fish and Wildlife Service before undertaking any action “authorized, funded, or carried out” by the agency that might “jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat” used by any endangered or threatened species. 16 U.S.C. § 1536 (a)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s well-reasoned opinion.

BACKGROUND

Revett Silver Company proposes to build and operate a copper and silver mine in northwest Montana, part of which will be on land managed by the U.S. Forest Service. Because the mine may impact two species listed as threatened under the Endangered Species Act — the bull trout and the grizzly bear — the Forest Service was required to engage in formal consultations with the Fish and Wildlife…