Forest Service LRMPs Do Not Require ESA Consultation

Forest Guardians v. Forsgren, (C.A.10 (N.M.)) March 1, 2007: Endangered Species - Forest Service had no duty under Endangered Species Act to consult with Fish and Wildlife Service regarding Land and Resource Management Plan.

The Forest Service had no duty under the Endangered Species Act (ESA) to consult with the Fish and Wildlife Service on the question of whether the Land and Resource Management Plans (LRMPs) for national forests could jeopardize the continued existence of Canada Lynx, which had been listed as a "distinct population segment" under the ESA. The environmental groups, which sought to compel consultation, did not allege any activity, project, or program authorized, funded, or carried out by the Forest Service that might constitute "action" within meaning of the ESA.