<em>Salix v. USFS</em>: When Is Agency Consultation Required Under the ESA?

Section 7 of the Endangered Species Act (ESA) has been called the “heart of the ESA” because it requires interagency consultation before undertaking actions that may harm endangered species. In Salix v. United States Forest Service, the United States District Court held the United States Forest Service (USFS) had to reinitiate consultation on a management plan amendment after the Fish and Wildlife Service (FWS) belatedly designated critical habitat for the Canada lynx. On appeal, the Ninth Circuit will address two other issues common to ESA challenges, standing and injunctive relief, in addition to the § 7 consultation requirement.