by Joshua A. Bloom, Samir J. Abdelnour
Washington Legal Foundation
June 20, 2013
At issue in the U.S. Court of Appeals for the Ninth Circuit in Karuk Tribe of California v. United States Forest Service, was whether the Forest Service’s review of notices of intent (NOI) submitted for small-scale mining activities in and along the Klamath River in the Klamath National Forest triggered the Forest Service’s consultation requirements under Section 7 of the Endangered Species Act (ESA). An en banc panel of the court, over a vigorous dissent, ruled that the Forest Service “approval” of the NOIs amounted to a discretionary agency action requiring consultation.