FS Litigation Weeklies – June 2, May 28 and May 19, 2017

For now, I won’t be lifting parts of the weekly litigation report out because they come in pdfs and I have to run them through OCR which is a bit of a pain and costs money. I’m asking the FS to send Word documents, and that would help greatly. I will keep you all posted …

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9th Circuit takes out NFMA diversity requirement

In a 2-1 decision, which allowed the Big Thorne timber project to proceed on the Tongass National Forest, the Ninth Circuit Court of Appeals affirmed a district court opinion that the Forest Service had complied with NFMA when it adopted forest plan direction related to managing old growth forest for deer to support viability of …

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Forest Service Litigation Weeklies April 28 and May 5, 2017

Complete listings are in pdfs attached below. April 28 1. Range & Wildlife I Region 5 Sierra Forest Legacy and Central Sierra Environmental Resource Center submitted a Notice of Intent to Sue (N01) for claimed violations of the Endangered Species Act (ESA) in the Stanislaus National Forest. The NOl claims that the authorization of livestock …

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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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