The US Forest Service (USFS) was interested in building a
road through a forest that contained endangered wolves. They were sued by
environmental groups for violating the Endangered Species Act (ESA).
USFS did not make a formal request to the US Fish and
Wildlife Service (FWS) to determine the impact they road would have on
the wolves, as they were required to do under the ESA §7(a)(2).
The environmental groups sought an injunction to stop the
USFS from building the road until they were in compliance with the ESA.
The Trial Court denied the injunction. The environmental
groups appealed.
The Trial Court found that the USFS technically should
have alerted the FWS, but it didn't matter because the FWS was already
aware there were endangered wolves in the area.
The Appellate Court reversed and issued the injunction.
The Appellate Court found that once an agency is aware
that an endangered species is present, the ESA requires that they
prepare a biological assessment to determine if their proposed actions
are likely to affect the species.
USFS did not do this, and did not ask FWS to do it for
them.
The Appellate Court likened this to a failure to prepare
an Environmental Impact Statement (required under NEPA), and so
there should be similar sanction.
