In a published opinion (pdf) affirming the denial of preliminary injunctive relief, the U.S. Court of Appeals for the Ninth Circuit held that "there is no statutory mandate to consider cumulative effects during informal consultation." Conservation Congress v. U.S. Forest Serv., No. 12-16452 (June 13, 2012). In order to address issues in the Shasta-Trinity National … Continue Reading
On April 25, 2013, the United States Court of Appeals for the Ninth Circuit invalidated a consent decree that plaintiffs and three federal agency defendants asserted resolved a dispute spanning more than a decade. See Conservation Nw. v. Sherman, No. 11-35729 (9th Cir. 2013) (pdf). In doing so, the Ninth Circuit held that the district court abused its discretion when … Continue Reading
