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Western Watersheds Project v. Matejko

468 F.3d 1099 (2006)

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Western Watersheds Project v. Matejko

United States Court of Appeals for the Ninth Circuit
468 F.3d 1099 (2006)

Facts

Western Watersheds Project (Western Watersheds) (plaintiff) sued Matejko (BLM) (defendant), alleging that the BLM violated Section 7(a)(2) of the Endangered Species Act (ESA) by failing to consult with the United States Fish & Wildlife Service (FWS) regarding hundreds of river and stream diversions on public lands. The trial court found that the BLM had the discretion to regulate the diversions, that BLM’s failure to exercise that discretion constituted an agency action for purposes of Section 7(a)(2), and that the water diversions could jeopardize threatened species of fish. The trial court concluded that BLM had a duty to consult and ruled for Western Watersheds. The BLM appealed.

Rule of Law

Issue

Holding and Reasoning (King, J.)

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