Petition of the day
on Jul 20, 2016 at 11:23 pm
The petition of the day is:
Issue: (1) Whether respondent has Article III standing to challenge the Forest Service’s failure to reinitiate Section 7 of the Endangered Species Act (ESA) consultation on the Lynx Amendments, which were completed in 2007, after the Fish and Wildlife Service designated additional critical habitat for the lynx in 2009, when respondent cannot identify any member who has or will suffer a concrete injury as a result; (2) whether respondent’s challenge to the Forest Service’s programmatic amendments is ripe for review when respondent failed to challenge any site-specific project authorized under the amended plan provisions; and (3) whether Section 7(a)(2) of the ESA requires the Forest Service to reinitiate consultation on a completed programmatic agency action that has no on-the-ground effects when a new species is listed or new critical habitat is designated.
