Quimbee logo
DMCA.com Protection Status

Lane County Audubon Society v. Jamison

958 F.2d 290 (1992)

Case BriefRelatedOptions
From our private database of 35,600+ case briefs...

Lane County Audubon Society v. Jamison

United States Court of Appeals for the Ninth Circuit

958 F.2d 290 (1992)

Facts

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.

Rule of Law

Issue

Holding and Reasoning (Schroeder, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 620,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 620,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 620,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership