Robertson v. Seattle Audubon Soc., 503 U.S. 429, 3 (1992)

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Cite as: 503 U. S. 429 (1992)

Opinion of the Court

Solicitor General Starr argued the cause for petitioners. With him on the briefs were Acting Assistant Attorney General Hartman, Deputy Solicitor General Wallace, Clifford M. Sloan, Peter R. Steenland, Jr., Martin W. Matzen, and Anne S. Almy.

Todd T. True argued the cause for respondents. With him on the brief for respondents Seattle Audubon Society et al. were John Bonine, Michael Axline, and Victor M. Sher. Phillip D. Chadsey filed a brief for respondents Association of O & C Counties et al. Mark C. Rutzick filed briefs for respondents Northwest Forest Resource Council et al.*

Justice Thomas delivered the opinion of the Court. In this case we must determine the operation of § 318 of the Department of the Interior and Related Agencies Appropriations Act, 1990.

I

This case arises out of two challenges to the Federal Government's continuing efforts to allow the harvesting and sale of timber from old-growth forests in the Pacific Northwest. These forests are home to the northern spotted owl, a bird listed as threatened under the Endangered Species Act of 1973, 16 U. S. C. § 1531 et seq. (1988 ed. and Supp. II), since June 1990. See 55 Fed. Reg. 26114. Harvesting the forests, say environmentalists, would kill the owls. Restrictions on harvesting, respond local timber industries, would devastate the region's economy.

*Briefs of amici curiae urging affirmance were filed for the State of Florida et al. by Robert A. Butterworth, Attorney General of Florida, Jonathan Glogau, Assistant Attorney General, and by the Attorneys General for their respective States as follows: Grant Woods of Arizona, Winston Bryant of Arkansas, Richard Blumenthal of Connecticut, Michael E. Carpenter of Maine, Hubert H. Humphrey III of Minnesota, Mike Moore of Mississippi, Frankie Sue Del Papa of Nevada, Robert J. Del Tufo of New Jersey, Nicholas J. Spaeth of North Dakota, Lee Fisher of Ohio, and Dan Morales of Texas; and for Public Citizen by Patti A. Goldman, Alan B. Morrison, and David C. Vladeck.

431

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