Nation's Building News Online

Circuit Court Leaves Favorable Ruling on Oregon Coho Protection in Place

In a favorable development for the nation’s home builders, the Ninth Circuit Court of Appeals on Feb. 25 decided it lacked jurisdiction to consider an appeal by environmental groups against a federal district court ruling that “set aside” protection of Oregon’s coho salmon population under the Endangered Species Act (ESA).

Ruling in September 2001 in the case of Alsea Valley Alliance v. Department of Commerce, Federal District Court Judge Michael Hogan told the National Marine Fisheries Services (NMFS) that further consideration would need to be given to listing the salmon.

Joining with the Oregon Building Industry Association in that case, NAHB argued in an amicus brief that the coho listing was “arbitrary and capricious.”

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Last month’s ruling ensures that no Endangered Species Act regulations can be extended to protect Oregon’s coho at this time. Also, this gives NAHB and its members the opportunity to challenge protection of other species of fish in the Pacific Northwest that are based on deficiencies similar to those found in the coho listing.

NAHB will continue to monitor this case as it proceeds.

For further information, e-mail Duane Desiderio or call him at 800-368-5242 x8146.
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