ELR Citation: 41 ELR 20140
No(s). 05-16801 (9th Cir. Apr 7, 2011)

The Ninth Circuit held that a U.S. Forest Service decision that a proposed mining operation may proceed based on the miner's notice of intent (NOI) does not constitute an "agency action" for purposes of triggering the ESA's interagency consultation obligations. The case involves the Forest Serv...