Robertson v. Seattle Audubon Soc., 503 U.S. 429, 9 (1992)

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

Opinion of the Court

On remand, the plaintiffs renewed their original claims. In Seattle Audubon, the District Court enjoined under NFMA 16 timber sales offered by the Forest Service during fiscal year 1990 in order to meet its harvesting quota under § 318(a)(1). See Seattle Audubon Soc. v. Robertson, No. 89- 160 (WD Wash., Dec. 18, 1990, and May 24, 1991). While the District Court proceedings were ongoing, the agencies jointly sought review of the Ninth Circuit's judgment that the first sentence of subsection (b)(6)(A) was unconstitutional. We granted certiorari, 501 U. S. 1249 (1991), and now reverse.3

II

The first sentence of subsection (b)(6)(A) provided that "management of areas according to subsections (b)(3) and (b)(5) . . . is adequate consideration for the purpose of meeting the statutory requirements that are the basis for [Seattle Audubon] and [Portland Audubon]." The Ninth Circuit held that this language did not "amend" any previously existing "laws," but rather "direct[ed]" certain "factual findings" and "specific result[s]" under those laws. 914 F. 2d, at 1316. Petitioners interpret the provision differently. They argue that subsection (b)(6)(A) replaced the legal standards underlying the two original challenges with those set forth in subsections (b)(3) and (b)(5), without directing particular applications under either the old or the new standards. We agree.

We describe the operation of subsection (b)(6)(A) by example. The plaintiffs in both cases alleged violations of MBTA § 2, 16 U. S. C. § 703, which makes it unlawful to "kill" or "take" any "migratory bird." Before the Compromise was

3 Because no timber sales offered by the BLM during fiscal year 1990 were ever enjoined, the § 318 controversy between Portland Audubon and the BLM appears moot. We decide the case, however, because there remains a live controversy between Seattle Audubon and the Forest Service over the 16 sales offered during fiscal year 1990 and still enjoined under the NFMA.

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