ELR Citation: 54 ELR 20094
No(s). 22-35764 (9th Cir. Jun 26, 2024)

The Ninth Circuit affirmed a district court's permanent injunction in an ESA citizen suit concerning a proposed timber harvesting project on private property in Oregon. Environmental groups argued the project would cause a "take" of marbled murrelets in violation of the ESA by clearing acres of trees used for breeding. The district court found the project would eliminate 49 acres of old growth forest occupied by the species, which qualified as a "significant habitat modification or degradation," and permanently enjoined implementation of the project. The appellate court concluded the district court applied the correct injury standard and committed no factual error in holding that the timber harvest would cause actual injury and therefore "harm" under the ESA. It further held the evidence more than supported the district court's conclusion that the project would specifically cause injury to the species on the property. The court affirmed the permanent injunction.