Oregon Natural Resources Council v. Daley

The secretary of commerce (secretary), William Daley, and Rolland Schmitten, the director of the National Marine Fisheries Service (NMFS) (defendants), determined that the Oregon Coast evolutionarily significant unit of coho salmon (Oregon Coast ESU) did not warrant a listing as threatened or endangered under the Endangered Species Act (ESA). Daley and Schmitten’s decision was based in part on the expectation that the recently adopted Oregon Coastal Salmon Restoration Initiative (OCSRI) would reverse the decline of the Oregon Coast ESU. Under the ESA, the secretary was required to consider several factors in making a listing decision, including the adequacy of existing regulatory mechanisms under § 1533(a)(1)(D). Section 1533(b)(1)(B) of the ESA required the secretary to consider the factors based upon the best data available after taking into account “efforts, if any, being made by any state” to protect the species, be it by predator control, habitat or food supply protection, or other conservation practices. Oregon Natural Resources Council (ONRC) and other environmental organizations (plaintiffs) challenged Daley and Schmitten’s determination. ONRC argued that the secretary was only permitted to consider state protective efforts that are regulatory and currently operational and not those that are voluntary and rely on future action. ONRC and Daley and Schmitten cross-moved for summary judgment.