Conservation Congress v. Finley

Once again the federal government is challenged for violation of the ESA and NEPA in relation to forest management projects affecting the Northern Spotted Owl. Conservation Congress, joined by a number of other plaintiffs, brought suit against the USFWS and USFS challenging both the agencies consultation under § 7 of the ESA, and the Forest Service’s failure to take a “hard look” as required within the EIS completed under NEPA. Although Conservation Congress provided sufficient notice of intent to sue in accord with 16 U.S.C.S. § 1540(g)(2)(A) and their claims were not moot, the summary judgment was appropriately awarded to the government on both challenges. The Ninth Circuit reviewed the district court’s ruling.