County of Okanogan, Wa. v. National Marine Fisheries Service
October 29, 2003
Petitioners challenge conditions imposed by the United States Forest Service in two special use permits that authorize the permit holders to use ditches on land in the Okanogan National Forest to convey water.
The challenged conditions required the permit holders to modify diversion operations, if necessary, in order to maintain specified minimum flows in the Early Winters Creek and Chewuch River.
The conditions were imposed to ensure that the Forest Service's discretionary decision to issue the permits did not jeopardize the continued existence of two species of fish listed as endangered under the Endangered Species Act of 1973 (ESA), 16 U.S.C. 1531 et seq. Both the district court and court of appeals upheld the permit conditions.
COUNTYOFOKANOGANWASHINGTONv.NATIONALMARINEFISHERIESSERVICE.pdf
Petitioners challenge conditions imposed by the United States Forest Service in two special use permits that authorize the permit holders to use ditches on land in the Okanogan National Forest to convey water.
The challenged conditions required the permit holders to modify diversion operations, if necessary, in order to maintain specified minimum flows in the Early Winters Creek and Chewuch River.
The conditions were imposed to ensure that the Forest Service's discretionary decision to issue the permits did not jeopardize the continued existence of two species of fish listed as endangered under the Endangered Species Act of 1973 (ESA), 16 U.S.C. 1531 et seq. Both the district court and court of appeals upheld the permit conditions.
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COUNTYOFOKANOGANWASHINGTONv.NATIONALMARINEFISHERIESSERVICE.pdf
