Karuk Tribe of Calif v. USFS, et al, No. 05-16801 (9th Cir. 2011)Annotate this Case
Plaintiffs appealed a denial of summary judgment in a suit involving suction dredge mining activity conducted by defendants-intervenors, the New 49'ers, in the Klamath River. At issue was whether a United States Forest Service District Ranger's ("Ranger") decision, that a proposed mining operation may proceed according to the miner's Notice of Intent ("NOI") and would not require a Plan of Operations ("Plan"), was an agency action for purposes of triggering the Endangered Species Act's ("ESA") interagency consulting obligations. The court held that the NOI process did not constitute an agency action under the ESA where the Ranger's receipt of an NOI and resulting decision not to require a Plan was best described as an agency decision not to act and where "inaction was not action for section 7(a)(2) purposes."
The court issued a Revised version of this opinion on September 12, 2011. The court issued a Revised version of this opinion on September 12, 2011. The court issued a Revised version of this opinion on June 1, 2012.