Case Summary Citation

2013 WL 2099811, 2013 U.S. Dist. LEXIS 69947


In this case, a federal district court held federal agencies must reinitiate Environmental Species Act (ESA) consultation when critical habitat is designated, even when a prior Biological Opinion has been issued. As threshold matters, the court held that the plaintiffs had standing and that jurisdiction was appropriate. Although the plaintiffs’ motion for summary judgment was granted, no projects were enjoined because an adequate showing of irreparable harm was not made. Finally, the court held Pacific Rivers Council v. Thomas—holding forest plans are continuing agency actions under the ESA—continues to be binding precedent in the Ninth Circuit despite another circuit holding it had been overruled by the U.S. Supreme Court.

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