Portland Audubon Society v. Endangered Species Committee

984 F.2d 1534 (9th Cir. 1993)


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).