Karuk Tribe of California v. United States
United States Court of Appeals for the Ninth Circuit
681 F.3d 1006 (2012)
- Written by Deanna Curl, JD
Facts
The Klamath River system was a small-scale recreational gold-mining location. Under Forest Service regulations promulgated in 1974, de minimis mining activities in national forests did not require prior approval, mining activities that might disturb surface resources required advanced submission of a notice of intent to operate (NOI) to the Forest Service, and mining activities likely to cause significant surface-resource disturbances required prior approval of a plan of operations. In 1999, the Klamath River system was designated a critical habitat for coho salmon, a threatened species under the Endangered Species Act (ESA). The Karuk tribe (plaintiff) relied on coho salmon as a food source and for cultural and religious practices. After the Forest Service approved four NOIs for mining activities in the Klamath National Forest, the Karuk tribe filed a lawsuit alleging that approval of the NOIs required consultation with federal wildlife agencies pursuant to § 7 of the ESA. The trial court rejected the tribe’s claim, and a three-judge panel of the appeals court affirmed the ruling. The appeals court later agreed to rehear the case en banc.
Rule of Law
Issue
Holding and Reasoning (Fletcher, J.)
Dissent (Smith, J.)
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