Litigation Weekly November 17

Litigation Weekly Nov 17

Temporary restraining order denied for the North and South Pioneer projects on the Boise N. F. approved under an emergency situation determination, and involving bull trout, Canada lynx and forest plan soil condition standards.  (D. Idaho)  (previous summary 10/6 here)

The lawsuit involves publication of over-snow vehicle use maps on the Bridger-Teton N. F., and an amended complaint adds claims regarding failure to consult under ESA.  (D. Idaho) (previous summaries here and 9/1 and 9/15 here)

Environmental plaintiffs claim a violation of section 7(a)(1) of ESA, which requires that agencies carry out programs to conserve listed species, as applied to the Rosemont Copper Project on the Coronado N. F. (previous summaries on this project 9/29 here and 8/11 here and discussion here)

One Comment

  1. The Wildlands Defense case interprets a soil condition standard that is found in many forest plans:

    “In an activity area where existing conditions of [soil] DD [detrimental disturbance] exceed 15 percent of the area, management activities shall include mitigation and restoration so that DD levels are moved back toward 15 percent or less following completion of the activities.”

    The court accepted the Forest Service interpretation of “following completion of the activities” to mean “when the extensive and long-term restoration efforts are completed,” rather than “when the salvage logging is completed.”

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