Pacific Coast Federation of Fishermen's Associations, Inc. v. National Marine Fisheries Service

Six environmental organizations sued the National Marine Fisheries Service (“NMFS”) for declaratory and injunctive relief to challenge four biological opinions which had the effect of clearing the way for 23 proposed timber sales in the Umpqua River watershed in southwestern Oregon. The district court granted substantial relief and the defendant agency, together with intervening timber operators, appeal.

The Pacific Coast Federation of Fishermen’s Associations, Inc. and five other organizations representing fishermen and environmental concerns are collectively referred to as “Pacific Coast.” Their principal claim is that the “no jeopardy” opinions issued by NMFS filed in Seattle, where the agency has its regional headquarters, were arbitrary and inadequately supported by the “best available science” as required by the Endangered Species Act (“ESA”). At the heart of the controversy is the impact of proposed timber sales on the Umpqua River cutthroat trout and the Oregon Coast coho salmon. 1 Douglas Timber Operators (“DTO”) and the Northwest Forestry Association were allowed to enter the cases as defendant-intervenors. The cases have been consolidated for this appeal.

Pacific…