Issue: (1) Whether a federal official’s receipt and review of notice of private action, his exercise of discretion as to whether to invoke agency regulatory powers over such private action, and his decision not to invoke such powers, constitute "agency action" for purposes of Section 7(a)(2) of the Endangered Species Act, which requires consultation to ensure that federal “agency action” does not exterminate listed species; and (2) whether the federal courts lack jurisdiction over the action in light of changed circumstances.
Letter proposing a lodging of a complaint filed in Klamath-Siskiyou Wildlands Center et al., v. MacWhorter, No.1:12-cv-01800-PA(D.Oregon) filed October 22, 2012, received from counsel for the petitioner.
Dec 6 2012
Response Requested . (Due January 7, 2013)
Dec 14 2012
Order extending time to file response to petition to and including February 6, 2013.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.