Nez Perce failure to provide 60-day notice of intent to sue quickly ends lawsuit
Nez Perce Tribe v. NOAA Fisheries, Memorandum Decision and Order, Case 3:07-cv-00247-BLW, Docket Doc. 44 (May 8, 2008).
In an as-of-yet unpublished decision, Chief U. S. District Judge B. Lynn Winmill held that the filing of a Notice of Intent to sue after the original filing of a lawsuit based onthe Endangered Species Act did not satisfy the statute's absolute requirements. "This requirement is jurisdictional, Save the Yaak Comm. v. Block, 840 F.2d 714, 721 (9th Cir. 1988), and it cannot be avoided by employing a 'flexible or pragmatic construction.' Hallstrom v. Tillamook County, 493 U.S. 20, 26 (1989)."