The New 49’ers, Inc. v. Karuk Tribe of California

(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.