Judicial Developments

July 2001

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Federal/Orego: Ninth Circuit Holds that Biological Opinions by the National Marine Fisheries Service Are Inadequate
Pacific Coast Federation of Fishermen’s Associations, Inc. v. National Marine Fisheries Service

The Ninth Circuit Court of Appeals struck down four biological opinions that the National Marine Fisheries Service (NMFS) had prepared in anticipation of timber sales in southwestern Oregon, holding that the NMFS improperly disregarded the best available scientific evidence that short-term degradation to the natural environment could result.