RECENT FEDERAL DECISIONS

April 2007

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Ninth Circuit Rejects Timber Harvest Incidental Take Statement for Northern Spotted Owl
Oregon Natural Resources Council v. Allen, ___F.3d___

On February 16, 2007, the Ninth Circuit Court of Appeals invalidated a U.S. Fish and Wildlife Service (FWS) “incidental take statement” issued for the take of the northern spotted owl as part of a timber harvest. The court remanded the case to the District Court with instructions to grant summary judgment in favor of the plaintiff Oregon Natural Resources Council (ONRC).