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 …

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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 …

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“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 …

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Planning for pipelines – not

A Draft Record of Decision document released by the United States Forest Service would allow 11 exceptions to the Jefferson National Forest Plan and adopt an amendment that allows old growth forests, rare species and wetlands to be destroyed by the proposed Mountain Valley Pipeline. The Draft Record of Decision (ROD)  states that “the proposed …

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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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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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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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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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