In 2010, FWS issued a biological opinion and incidental take statement authorizing the U.S. Forest Service to permit grazing activities in habitat for the threatened bull trout (Salvelinus confluentus). In 2012, due to changed circumstances, the Forest Service reinitiated consultation with FWS. Despite not having completed a new biological assessment, the Forest Service adjusted grazing activities on two pastures. In support of this adjustment, the Forest Service made a finding under section 7(d) of the Endangered Species Act that the new grazing plan would not jeopardize the continued existence of the bull trout. Western Watershed Project, an environmental organization, filed suit shortly thereafter, alleging that the Forest Service violated section 7 and section 9 of the Endangered Species Act.
Section 7 of the Endangered Species Act states that after initiating consultation, a Federal agency "shall not make any irreversible or irretrievable commitment of resources with respect to the agency action which has the effect of foreclosing the formulation or implementation of...
