9th Circ. Says River Prospecting Doesn't Violate ESA

Law360, New York (April 7, 2011, 7:32 PM EDT) -- The Ninth Circuit on Thursday said the U.S. Forest Service's approval of small-scale gold prospecting in the Klamath River did not violate the Endangered Species Act because the decision was not an “agency action.”

In a 2-1 opinion, the appeals panel in the U.S. Court of Appeals for the Ninth Circuit affirmed a decision by the U.S. District Court for the Northern District of California, which rejected a suit by an Indian tribe that claimed mechanical prospecting, which involved small-scale dredging in the river's bed, damaged...
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