ELR Citation: ELR 21317
No(s). 91-36106 (9th Cir. Jun 21, 1993)

The court holds that citizens' challenges under the Endangered Species Act (ESA) to government contracts for timber harvesting on federal land in the Pacific Northwest are time barred, under §318 of the Department of Interior & Related Agencies Appropriations Act for Fiscal Year 1990, or Northwest Timber Compromise. Citizens challenged the timber sales on grounds that the Bureau of Land Management violated the ESA by failing to consult with the Fish and Wildlife Service to ensure that the logging operations would not adversely affect the habitat of the northern spotted owl. The court holds that the actions are barred by §318(g)(1) of the Timber Compromise, because the suits were filed after the 15-day time limit found in that subsection. Section 318(g)(1) unambiguously applies to any challenge to a timber sale. Although §318(g)(1)'s 15-day limit conflicts with the 60-day limit of ESA §11(g)(2)(A), the court holds that §318(g)(1) constitutes a narrow and temporary exception to §11(g)(2)(A)'s 60-day limit. The court finds that the two provisions are reconcilable and that the ESA does not necessarily control. Congress clearly intended the Timber Compromise to effect a temporary amendment to substantive law, including the ESA's citizen suit provision, when it enacted the Timber Compromise.

Counsel for Plaintiff-Appellant
Gary K. Kahn
Reeves & Kahn
610 SW Alder St., Ste. 910, Portland OR 97205
(503) 227-5144

Counsel for Defendant-Appellee
Jacques Gelin
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000