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Carpenters Indus. Council v. Zinke

ELR Citation: 47 ELR 20061
Nos. 15-5304, (D.C. Cir., 04/11/2017)

The D.C. Circuit ruled that a trade association composed of lumber companies had standing to challenge an FWS designation of critical habitat for the northern spotted owl on federal land in California, Oregon, and Washington. In 2012, FWS issued a final rule designating 9.5 million acres of federal forest lands as critical habitat for the northern spotted owl. Three million acres of these lands were previously set aside to provide a steady supply of federal timber to the local lumber companies. The trade association brought an action against FWS challenging the legality of the designation. A lower court ruled that the trade association did not have standing because it did not demonstrate that its members would suffer economic harm. The appellate court disagreed, stating that the designation made it substantially probable that timber supply would decrease and the trade association members would lose revenue as a result. The decision was reversed and remanded for further proceedings.