9th Circ. Will Hear Tribe's Gold Prospecting Suit En Banc

Law360, New York (September 13, 2011, 2:36 PM EDT) -- The Ninth Circuit on Monday took the rare step of granting an en banc review of an appeals panel's determination that the U.S. Forest Service's approval of small-scale gold prospecting in the Klamath River did not violate the Endangered Species Act.

The full appeals court will review a 2-1 decision reached in April. That decision, which found that the Forest Service's decision not to impede prospectors was not an agency action that triggered the ESA, should not be considered precedential, according to the rehearing order....
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