• Ninth Circuit Holds Endangered Species Act Treats Plants and Animals Differently
  • October 6, 2016 | Author: Christopher G. Foster
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • The Bureau of Land Management (BLM) manages a tract of desert called the Imperial Sand Dunes Special Recreation Management Area (Dunes) just north of the Mexican border in Imperial County, California, comprising in excess of 200,000 acres. In 2013, BLM adopted a Recreation Area Management Plan (RAMP) that allowed over 127,000 acres of the Dunes to be open to off-road vehicle use. The Fish & Wildlife Service (Service) issued a Biological Opinion pursuant to the Endangered Species Act (ESA) finding that the RAMP was not likely to jeopardize the continued existence of two threatened species: a purple flowered plant known as Peirson’s milkvetch and the desert tortoise.