ELR Citation: ELR 20675
No(s). s. 91-36019, -36340 (9th Cir. Mar 4, 1992)

The court holds that the Bureau of Land Management (BLM) must consult with the Fish and Wildlife Service (FWS) under the Endangered Species Act (ESA) on its "Management Guidelines for the Conservation of the Northern Spotted Owl" (the Jamison Strategy). The court holds that the Jamison Strategy is an "agency action" within §7 of the ESA. The court holds that BLM violated §7 by failing to consult with FWS to obtain a biological opinion on the effects of the Jamison Strategy on the northern spotted owl. The court enjoins implementation of the Jamison Strategy pending consultation with FWS and enjoins all announced future timber sales and sales that may be announced. The court remands timber sales that have been announced but not yet awarded that also have been submitted individually to FWS for consideration of their impact on the northern spotted owl.

Counsel for Plaintiff-Appellant
Todd D. True
Sierra Club Legal Defense Fund
216 1st Ave. S., Ste. 330, Seattle WA 98104
(206) 343-7340

Counsel for Defendants-Appellees
Edward A. Boling
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before Choy and Nelson, JJ.