High Court Snubs Calif. Gold Prospectors' ESA Review

Law360, New York (March 18, 2013, 1:18 PM EDT) -- The Supreme Court on Monday declined to review a controversial Ninth Circuit ruling that the U.S. Forest Service violated the Endangered Species Act by approving of small-scale gold prospecting in the Klamath River without consulting wildlife agencies.

The decision leaves standing the Ninth Circuit's June ruling that the Forest Service's decision not to impede gold prospectors along the river constituted an affirmative agency action that triggered obligatory consultations with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service on potential environmental impacts....
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