Robertson v. Seattle Audubon Soc., 503 U.S. 429, 5 (1992)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

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

Opinion of the Court

U. S. C. § 1701 et seq.; and the Oregon-California Railroad Land Grant Act (OCLA), 50 Stat. 874, 43 U. S. C. § 1181a. Twice, the District Court dismissed the action. Twice before reversing (on grounds not relevant here), the Court of Appeals for the Ninth Circuit enjoined some of the challenged harvesting pending appeal. See Portland Audubon Soc. v. Lujan, 884 F. 2d 1233, 1234 (1989), cert. denied, 494 U. S. 1026 (1990); Portland Audubon Soc. v. Hodel, 866 F. 2d 302, 304, cert. denied sub nom. Northwest Forest Resource Council v. Portland Audubon Soc., 492 U. S. 911 (1989).

In response to this ongoing litigation, Congress enacted § 318 of the Department of the Interior and Related Agencies Appropriations Act, 1990, 103 Stat. 745, popularly known as the Northwest Timber Compromise. The Compromise established a comprehensive set of rules to govern harvesting within a geographically and temporally limited domain. By its terms, it applied only to "the thirteen national forests in Oregon and Washington and [BLM] districts in western Oregon known to contain northern spotted owls." § 318(i). It expired automatically on September 30, 1990, the last day of fiscal year 1990, except that timber sales offered under § 318 were to remain subject to its terms for the duration of the applicable sales contracts. § 318(k).

The Compromise both required harvesting and expanded harvesting restrictions. Subsections (a)(1) and (a)(2) required the Forest Service and the BLM respectively to offer for sale specified quantities of timber from the affected lands before the end of fiscal year 1990. On the other hand, subsections (b)(3) and (b)(5) prohibited harvesting altogether from various designated areas within those lands, expanding the applicable administrative prohibitions and then codifying them for the remainder of the fiscal year.1 In addition, sub-1 Subsection (b)(3) provided: "No timber sales offered pursuant to this section from the thirteen national forests in Oregon and Washington known to contain northern spotted owls may occur within [spotted owl habitat areas (SOHA's)] identified

433

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: October 4, 2007