Thomas

Pacific Rivers Council v. Thomas

Caution
30 F.3d 1050·94 Daily Journal DAR 9626·1994 WL 319805·24 Envtl. L. Rep. (Envtl. Law Inst.) 21367·39 ERC (BNA) 1078
United States Court of Appeals for the Ninth CircuitJuly 7, 1994Nos. 93-36162, 94-35042California3,824 words

Opinion

Lead Opinion

Reinhardt, J.

OVERVIEW

Plaintiffs-appellants Pacific Rivers Council, et al. (PRC) appeal the district court’s grant of a partial injunction. This injunction bars the United States Forest Service (Forest Service) from announcing, awarding or conducting any additional timber sales, range activities, or road building projects in the Wallowa-Whitman and Umatilla National Forests until it commences consultation procedures as required by the Endangered Species Act § 7(a)(2), 16 U.S.C. § 1536 (a)(2) (ESA). The basis for the injunction was that the Forest Service had failed to consult with the National Marine Fisheries Service (NMFS) regarding the effects of certain Land and Resource Management Plans (LRMPs) on the Snake River chinook salmon, a species recently listed as “threatened” under the ESA. PRC argued that the district court should enjoin ongoing or announced timber, range, and road projects that the Forest Service had determined were not likely to affect the chinook. The district court accepted the Forest Service’s determination that these projects were not irreversible or irretrievable commitments of resources in violation of ESA § 7(d), 16 U.S.C. § 1536 (d).

The Forest Service also appeals…

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