Litigation Weekly Nov. 3

Litigation Weekly Nov 3 WestWatershedProj v USFS Annual operating instructions for four grazing allotments on the Salmon-Challis NF complied with the INFISH aquatic strategy in the forest plan.  (D. Idaho) New case WestWatershedsProj NOI Williams Creek The NOI questions compliance by the Sawtooth NF with conditions from previous ESA consultation on livestock grazing in the …

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Light and Heat and BBER (II): What Do the Numbers Say?

Claim 3. Not just BBER, but other studies have shown that R-1 has an unusually high level of litigation on vegetation management projects. This seems to be due to the activities of a relatively small number of groups. Of the 133 R1 cases in past 11 years, the majority (75) were by repeat litigants, with …

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On the BBER Study and R-1 Forest Service Litigation (I): Turning Down the Heat, Turning Up the Light

The University of Montana Bureau of Business and Economic Research (BBER) looked at some Region 1 projects, chose a case study, and tried to quantify the impacts to communities and to the Forest Service in this 2015 study. We have discussed it on the blog before, but it’s of current interest because the findings have …

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Litigation weekly Oct. 27

(nothing received for Oct. 20) Litigation Weekly Oct 27 TenLakesSnow v USFS The district court upheld the Kootenai and Idaho Panhandle NF 2015 revised forest plans with regard to management of recommended wilderness areas, but the Kootenai planning process failed to provide for adequate public comments on recommendations to designate two river segments (D. Mont.) Also …

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Case on forest plan wilderness recommendations

Ten Lakes Snowmobile Club v. U. S. Forest Service (Mentioned by Brian Hawthorne here, with links to an article and the opinion.) This case was about the decision in the 2015 revised Kootenai and Idaho Panhandle National Forest plans to recommend (to Congress) areas for wilderness and to manage them to protect their wilderness values.  The …

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Another September case

Wild Wilderness v. Allen seems to have not shown up on the Forest Service litigation reports, but here is a newspaper version.  On Sept. 8, the Ninth Circuit found that the decision to build the Kapka Sno-Park, a parking lot for snowmobile users on the Deschutes National Forest, was consistent with the forest plan and …

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Litigation bi-weekly October 6 & 13

Litigation Weekly Oct 6 New cases WildlandsDefense_v_Seesholtz  –  Challenge to the North and South Pioneer Salvage and Reforestation Projects on the Boise NF for its analysis of bull trout, including ESA consultation, and for compliance with forest plan standards for soils and salvage harvesting.  (D. Idaho) EarthIslandInstitute_v_Elliott  –  Challenge to the Bull Run Roadside Hazard …

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September litigation monthy

This gets us up-to-date with the weeklies I’ve received.  Sit back, have a cup of coffee …. Litigation Weekly Sept 1 Cent Or Landwatch v Connaughton  – The Deschutes decision to authorize a water supply intake was consistent with the forest plan riparian management objectives (RMOs) and complied with NEPA.  (9th Circuit) Beaver Creek NOI  –  …

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R.I.P. Saw Brigade

In another old case … The Supreme Court has left in place a lower court ruling that prevents New Mexico from greenlighting tree clearing on federal land in the state in the name of fire prevention. The Supreme Court declined Monday to hear a dispute between New Mexico and the federal government. The issue dates …

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R.I.P. Shovel Brigade?

The Jarbridge Road in Nevada is back under the control of the Forest Service. A federal judge in Reno ruled against rural Elko County this week — again — and closed the 18-year-old case stemming from a sometimes volatile feud over the road in remote wilderness near the Idaho line. It began in 1999 when …

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