Articles

Supreme Court denies cert in The New 49'ers

March 18, 2013 | By JONATHAN WOOD

In Karuk Tribe of California v. United States Forest Service, the Ninth Circuit Court of Appeals held that the receipt of a notice of intent from a private party is an “agency action,” triggering the consultation requirement of the Endangered Species Act. The miners sought review in the Supreme Court, and Pacific Legal Foundation, re ...

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Supremes to consider The New 49'ers tomorrow

March 14, 2013 | By DAMIEN SCHIFF

In Karuk Tribe of California v. United States Forest Service, the Ninth Circuit Court of Appeals held that notices of intent to mine on national forest lands trigger the obligation for the Forest Service to consult with the United States Fish and Wildlife Service and National Marine Fisheries Service over the impacts of the proposed mining ...

Articles

Interesting developments in The New 49'ers v. Karuk Tribe

December 13, 2012 | By DAMIEN SCHIFF

In The New 49’ers v. Karuk Tribe, the petitioner gold miners seek United States Supreme Court review of a 7-4 en banc decision of the Ninth Circuit holding that the Forest Service must conduct consultation under the Endangered Species Act when determining whether small-impact mining can proceed on the national forests.  Pacific Legal Foundat ...

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Further thoughts on Karuk Tribe

June 08, 2012 | By DAMIEN SCHIFF

Yesterday I wrote about Judge Smith’s stinging dissent in the Ninth Circuit’s most recent (en banc) decision concerning the Endangered Species Act.  In reviewing the decision more closely, I was struck by how both the majority and the dissent appear to make a fundamental error in their legal analysis.  Under the ESA’s regulation ...