Several of America’s best known ski areas operate on national forests under permits from the Forest Service. They own private water rights to make snow as well as basic services at their ski lodges, restaurants, and hotels. The ski areas did not get … Continue reading
In The New 49′ers v. Karuk Tribe, the petitioner gold miners seek United States Supreme Court review of a 7-4 en banc decision of the Ninth Circuit holding that the Forest Service must conduct consultation under the Endangered Species Act … Continue reading
A petition for a writ of certiorari has been filed in the Supreme Court challenging the Ninth Circuit decision that the receipt of a notice of intent to mine from a private party is an “agency action” triggering a duty … Continue reading
Yesterday I wrote about Judge Smith’s stinging dissent in the Ninth Circuit’s most recent (en banc) decision concerning the Endangered Species Act. In reviewing the decision more closely, I was struck by how both the majority and the dissent appear … Continue reading