Case Summary Citation
Cascadia Wildlands v. Thrailkill, 806 F.3d 1234 (9th Cir. 2015)
Abstract
The ninth circuit denied preliminary injunction for a wildfire Recovery Project in Oregon’s Klamath Mountains, the home range of the threatened spotted owl. The USFWS BiOp for the Recovery Project determined that there was no jeopardy to the species, even though research found adverse habitat effects and incidental take of the spotted owl. Thus, affirming the scientific procedure contained the “best available science” and was not arbitrary or capricious.