Earth Island Institute v. Elliott (E. D. California)

This case was decided on November 16, but has not yet been included in a Forest Service litigation summary. At issue is the Bull Run project, a fire salvage restoration project to treat a strip of land along an area of roadways affected by the Cedar Fire on the Sequoia National Forest. The court denied …

Continue reading ‘Earth Island Institute v. Elliott (E. D. California)’ »

Plan revision on the Rio Grande

They are a little ahead of the Helena-Lewis & Clark discussed on Nov. 29.  They are taking comments on their draft plan and EIS.  I haven’t read either, but this article provides an overview.  Here’s the big picture: “The purpose and need for revising the forest plan is the changed economic, social, and ecological conditions …

Continue reading ‘Plan revision on the Rio Grande’ »

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 …

Continue reading ‘Case on forest plan wilderness recommendations’ »

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 …

Continue reading ‘Another September case’ »

What is Beyond the “Fog of War”?

There are scary and uncertain times ahead for our forests. There is just too much “Fog of War” going on for the public to sort out and fact-check for themselves. Even the ‘fact-checkers’ should be suspect, until proven reliable and bias-free. The rise of ‘fake news’ has blurred multiple lines, and many people, even in …

Continue reading ‘What is Beyond the “Fog of War”?’ »

Why NEPA Docs are Long… Example of Agency Comments (EPA)

I would bet if you examined agency comments from the agencies involved in reviewing NEPA docs for actions proposed by other agencies, you would find almost entirely “you need to do more’s” and not many “you could have shortened this section by leaving out’s”. Culturally, reviewers tend to be supporting their agency’s view, or a …

Continue reading ‘Why NEPA Docs are Long… Example of Agency Comments (EPA)’ »

Logging in potential wilderness could foreclose forest plan options

Taking this story about the Pisgah National Forest at face value, it raises the question of what kind of management is appropriate while a national forest is revising its forest plan.  We just looked at another example of how the Helena-Lewis and Clark National Forest appeared to be anticipating changes that would result from its revised …

Continue reading ‘Logging in potential wilderness could foreclose forest plan options’ »

Forest Service wins A to Z

The Ninth Circuit affirmed the district court denial of a preliminary injunction for the North Fork Mill Creek A to Z Project on the Colville National Forest, which has been discussed here. Of note, the question of contractor-NEPA was not addressed, although the court said that the Forest Service “reviewed and approved” the EA, and …

Continue reading ‘Forest Service wins A to Z’ »

Tennessee Creek Project in Colorado- Successful EA for Large Project

This case is from the July 28, 2017 Litigation Weekly but maybe deserves separate discussion. Previously folks have said you shouldn’t do EA’s but should do EIS’s, seemingly based on case law more than the NEPA regulations themselves (or as it has been characterized “DOJ won’t defend EA’s”). So we had been watching to see …

Continue reading ‘Tennessee Creek Project in Colorado- Successful EA for Large Project’ »

“Not Enough Analysis”: The Ongoing Saga of the Village at Wolf Creek

When I was working in Region 2, I used to call this project “Reasonable Access for Unreasonable People”- I think at that point it involved ANILCA access to private land, and not a land exchange. This is a later incarnation of the same project. For those who don’t remember the first incarnation, there was the …

Continue reading ‘“Not Enough Analysis”: The Ongoing Saga of the Village at Wolf Creek’ »