NFS Litigation Weekly August 3, 2018

Litigation Weekly Aug 3

The district court upheld the Beaver Creek Landscape Restoration Project on the Flathead National Forest in Montana against NEPA, NFMA consistency and ESA (Canada lynx) claims.  (D. Mont.)

The Fourth Circuit upheld a decision by the Nantahala National Forest in North Carolina to authorize development of a 3-5 acre shooting range against landowners’ claims of NEPA and state law violations.  (4th Cir.)

The Fourth Circuit found that the Forest Service violated NEPA and NFMA when it amended its forest plan and approved construction of the Mountain Valley Pipeline on the Jefferson National Forest in West Virginia and Virginia.  The BLM also violated the Mineral Leasing Act.  (4th Cir.)  (The NFMA issues were discussed here.)

The Ninth Circuit reversed a district court decision, and held that the Kootenai National Forest in Montana violated NFMA for the East Reservoir Project by failing to properly determine compliance with motorized access standards in the forest plan.  (The summary incorrectly refers to this part of the forest plan as the Lynx Amendment; it was originally developed for grizzly bears.)  (9th Cir.)  (This case was also discussed here.)

(Update.)  The Supreme Court denied a request by the government to stay proceedings in this case, which is the constitutional climate change lawsuit filed by 21 youths.  (D. Or.)  (The history of this case is provided here.)

(New case.)  This complaint alleges that the Forest Service has violated the Freedom of Information Act for failing to meet legal deadlines for providing records associated with the Four Forest Restoration Initiative in Arizona, including the Rim County EIS Project.  (D. Az.)

The district upheld the Army Corps of Engineers and Bureau of Reclamation decision to construct a dam and bypass channel on the Lower Yellowstone River in Montana as the preferred means of providing passage for endangered pallid sturgeons.  (D. Mont.)

1 thought on “NFS Litigation Weekly August 3, 2018”

  1. Thanks, as always, for compiling these Jon.

    The allegation that the Forest Service has violated the Freedom of Information Act for failing to meet legal deadlines for providing records associated with the Four Forest Restoration Initiative (4FRI) in Arizona is no surprise at all.

    The 4FRI has been discussed on this blog numerous times, and it’s smelled pretty darn fishy for a long time. Hopefully the Forest Service will be forced to comply with the Freedom of Information Act and some smoking guns are exposed.

    Reply

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