Lane County Audubon Society v. Jamison

In June of 1989, the United States Fish & Wildlife Service (FWS) proposed listing the northern spotted owl as a threatened species according to the Endangered Species Act (ESA). In May of 1990, the spotted owl was listed as a threatened species under the ESA. Subsequently, the Bureau of Land Management (BLM) (defendant), which managed over a million acres of old-growth forests suitable for spotted owl habitat in western Oregon, promulgated a document for conservation of the northern spotted owl known as the Jamison Strategy (the strategy). The strategy set forth criteria for the selection of BLM land for logging. The strategy replaced standards outlined in the old timber management plans (TMPs). Lane County Audubon Society (Lane County) (plaintiff) filed a notice of intent to file an ESA citizen suit challenging the BLM’s failure to consult with the FWS on the strategy under Section Seven of the ESA. In response, in 1991, the BLM submitted 174 proposed timber sales to the FWS for consultation but did not submit the strategy itself. Lane County filed an action in district court seeking an injunction barring timber sale until the strategy had undergone the consultation process required by the ESA. Lane County argued, and the district court agreed, that the strategy was agency action within the meaning of the ESA and that BLM had violated the section by failing to consult with the FWS to obtain their opinion on the effects of the strategy on spotted owls before implementing the strategy. The district court enjoined the BLM from implementing the strategy pending compliance with the ESA but permitted the timber sales for 1991 that the FWS approved of. Lane County appealed the district court’s decision not to enjoin the 1991 timber sales. The BLM cross-appealed the court’s order holding that the strategy was an agency action, contending that it was merely a policy statement and did not require consultation.