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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Forest Service wins 2

The Forest Service turned back a challenge on the Manti-La Sal National Forest to its management of a research natural area in Utah Native Plant Society v. U. S. Forest Service. The state of Utah had introduced mountain goats outside of the national forest boundary, over the objections of the Forest Service that they could …

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Mendocino N. F. loses HFRA project lawsuit

The Eastern District of California District Court has reversed a decision by the Mendocino National Forest to implement the Smokey Project, which would include fuel and vegetative treatments intended to further habitat and fire management goals and contribute to the MNF’s timber production goals (Conservation Congress v. U. S. Forest Service). The project was located …

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Litigation Weekly Feb. 10, 2017

Court Decisions Wildlife & Timber I Region 1 The District Court for the District of Montana granted the Forest Service’s motion for summary judgement on National Environmental Policy Act (NEPA) and National Forest Management Act (NFMA) claims filed against the Forest Service concerning the North Whitetail Post Fire Project Salvage Sale (Whitetail Project) in the …

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Custer-Gallatin wins salvage logging lawsuit

On Feb. 6, Judge Molloy in the Montana District Court upheld the Custer National Forest’s  use of the categorical exclusion applicable to projects not exceeding 250 acres for the Whitetail Salvage Project.  In Native Ecosystems Council v. Weldon he found that even though it was the third project in the area affected by the 2012 Ash …

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Litigation Weekly Feb. 6, 2017

No new court decisions. Litigation Update No new litigation updates. New Cases Minerals I Region 9 Plaintiffs filed suit in the District Court of the District of Minnesota alleging the Forest Service’s final Record of Decision (ROD) approving a land exchange known as the PolyMet NorthMet Land Exchange (PMLE) in the Superior National Forest violates …

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Litigation Weekly January 30, 2017

Hope springs eternal – in me, anyway, that the new administration will post these on the FS website (or have?). Til then, though,…(post is just the first paragraph of each item, read pdf of Litigation Weekly for entire write-up). Wildlife I Region 4 The District Court of Idaho enjoined the Forest Service and the Idaho …

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Court protects frog from Freemont-Winema National Forest grazing

In a case with a long history, the Oregon district court enjoined grazing in a pasture on the Fremont-Winema National Forest to protect threatened Oregon spotted frogs and sensitive plant species. The frogs congregate in pools in late summer, and so do cattle.  The court found violations of both NFMA and ESA. The court held …

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Court slams Forest Service wilderness decision

The federal district court in Idaho has ruled against the state’s use of helicopters to collar elk in the Frank Church-River of No Return Wilderness. In Wilderness Watch v. Vilsack it held that the Forest Service failed to consider the cumulative impacts of a one-year proposal when it knew the state intended this to be …

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