RECENT FEDERAL DECISIONS

May 2011

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Ninth Circuit Holds U.S. Forest Service Need Not Consult on Endangered Species before Deciding Not to Regulate Private Mining Activities
Karuk Tribe of California v. U.S. Forest Service, ___F.3d___

A divided Ninth Circuit Court of Appeals has held that a decision by the U.S. Forest Service (USFS) that a miner may proceed with proposed mining as described in its “notice of intent” (NOI) without submitting and gaining USFS approval of a plan of operations is not “agency action” requiring USFS first to consult with the U.S. Fish and Wildlife Service (FWS) about effects of the mining on endangered species.