United States Court of Appeals for the Ninth Circuit
753 F.2d 754 (9th Cir. 1985)
The United States Forest Service (USFS) (defendant) planned to build a timber road in a national forest. The USFS was aware that the endangered Rocky Mountain Gray Wolf (wolf) might be present in the area. Despite this knowledge, the USFS did not prepare a biological assessment to determine whether the road was likely to affect the wolf. Harold Thomas (plaintiff) brought suit against the USFS, alleging a violation of the procedural requirements of the Endangered Species Act (ESA), 16 U.S.C. § 1536. The district court ruled in favor of the USFS, finding that Thomas had not carried his burden of demonstrating that the proposed road would affect the wolf or its habitat in a way prohibited by the ESA. Thomas appealed.
Rule of Law
Holding and Reasoning (Sneed, J.)
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