Janicki Logging Co. v. Bruce Mateer Dale Robertson

Janicki Logging Company, Inc. appeals from the district court’s dismissal of its action against two officials of the United States Forest Service, Bruce Mateer and Dale Robertson. Janicki sued them in their individual, not official, capacities. It claimed that its constitutional rights were violated when a portion of its logging contract with the USFS was cancelled after the discovery of a Northern Spotted Owl’s nest in the affected area. Janicki also claims that the district court erred when it failed to allow an amendment of the complaint and a transfer of the case to the United States Court of Federal Claims. We affirm.

BACKGROUND

Jn March of 1986, Janicki entered into a contract with USFS. Under the contract USFS agreed to sell and Janicki agreed to cut and remove 4,100,000 board feet of timber from 129 acres located in the Mt. Baker-Snoqualmie National Forest in the State of Washington. The specified acreage was divided into four units.

Section C6.25 of the contract expressly permitted the USFS to “either cancel” or “unilaterally modify [the] contract” in order to provide additional protection for animals that were listed either as threatened or endangered under the…