Equal Access to Justice Act often aids those who frustrate forest restoration

“in most Western legal systems other than the United States, the prevailing norm is the English rule. The “English Rule for Attorney’s fees” is also known as “Loser Pays” which is contrasted to the “American Rule” where each party to the suit is responsible for it’s own fees. I’m not really interested in discussing the …

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Grazing Lawsuit on the Stanislaus National Forest

Julie Stevens of CSERC sent me this link and said that they would be willing to answer any questions about this lawsuit. Here’s the link: I’m working on trying to get the FS side of the story. Relevant to our discussion of the concept of multiple use, I thought this quote was interesting: The goal …

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Forest Service and BLM slightly lose sage grouse lawsuit in Nevada

The state of Nevada, nine counties, three mining companies, and a private ranch challenged the adoption of greater sage grouse conservation measures in Forest Service and BLM land management plans.  Most of the agency actions were upheld in Western Exploration v. USDI (D. Nevada), including compliance with FLPMA requirements of BLM for multiple use and …

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9th Circuit upholds EA for Shasta-Trinity logging project

The mantra I always use to hear was don’t use an EA if you might get sued.  Maybe things are different now?  Or maybe this was just one of those EAs that looked a lot like an EIS. The Project’s proposed treatment methods will retain all existing snags greater than 15 inches in diameter, “unless …

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Litigation Weekly March 24, 2017

Court Decisions 1. No new decisions. Litigation Update 1 . Timber I Region 6 Magistrate Judge in the District Court for the District of Oregon issued a Findings and Recommendation on Cascadia Wildlands et al. v. Carlton et al., stating that the Forest Service cannot move forward with a commercial thinning project without first conducting …

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Fremont-Winema wins sucker lawsuit

In Oregon Wild v. Cummins, the Oregon district court upheld the Fremont-Winema National Forest’s compliance with the requirement of INFISH to “modify grazing practices … that retard or prevent the attainment of [Riparian Management Objectives (“RMOs”)] or are likely to adversely affect inland fish.”   The court quoted a prior case for INFISH requirements: “INFISH contemplates …

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Region 1 – A Years Worth of Harvests Tied Up In Litigation

How many times on this site have we heard that acreage and timber volume tied up in litigation is insignificant? This would seem to indicate otherwise: “Covering Idaho, Montana and portions of the Dakotas, Region 1 of the U.S. Forest Service has reached a grim milestone. Over 35,000 acres of forest projects on Region 1 …

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