PORTLAND AUDUBON SOCIETY V. ENDANGERED SPECIES COMMITTEE
984 F.2d 1534 (9th Cir. 1993)
NATURE OF THE CASE: Portland (P) sought review a decision of a decision by Endangered
Species Committee (D), which granted an exemption of the Endangered Species Act to the
Bureau of Land Management for thirteen timber sales in western Oregon. Ps sought an order to
conduct discovery during the appeal of D's grant of the extension.
FACTS: Ps challenge the decision of D, known popularly as 'The God Squad', to grant an
exemption from the requirements of the Endangered Species Act to the Bureau of Land
Management for thirteen timber sales in western Oregon. The environmental groups complain of
numerous procedural and substantive flaws in D's decision. Ps contend that improper ex parte
contacts between the White House and members of D tainted the decision-making process. Ps
request three types of discovery: (1) interrogatories and requests for production of
documents identifying and relating to D's 'decisional staffs' and communications between
those individuals and persons in the White House regarding the Committee decision, (2)
subpoenas for documents from the White House on the same subject, and (3) depositions of
persons identified in response to (1) and (2).
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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