9th Circ. Flips On Mining Decision, Finding ESA Applies

Law360, Los Angeles (June 1, 2012, 6:37 PM EDT) -- In a closely watched decision Friday, an en banc Ninth Circuit panel voted 7-4 that the U.S. Forest Service’s approval of small-scale gold prospecting in the Klamath River violated the Endangered Species Act, reversing an April decision by a divided three-judge panel and drawing vigorous dissent.

In an opinion authored by U.S. Circuit Judge William Fletcher, who wrote a strong dissent in the April decision, the 11-judge en banc federal appeals panel found that the Forest Service's decision not to impede prospectors constituted an agency action...
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