
FOREST SERVICE
Court decision in Klamath Forest Alliance v. U. S. Fish and Wildlife Service (E.D. California)
On August 19, the district court invalidated the Fish and Wildlife Service’s Biological Opinion for the South Fork Sacramento Public Safety and Forest Restoration Project, on the Shasta-Trinity National Forest, including two recovery units for northern spotted owls. The court found that the agency’s determination that certain affected territories do not represent the only source population to the recovery units is not supported by evidence in the record. The Forest’s reliance on the BiOp was therefore also illegal. The article includes a link to the court’s opinion.
On September 15, the district court vacated the BiOp because the lack of analysis is a substantive error that might affect reconsideration of the decision.
Court order in Monroe County Board of Commissioners v. U. S. Forest Service (S.D. Indiana)
On September 8, the district court vacated most of the Houston South Vegetation Management and Restoration Project on the Hoosier National Forest, discussed here. The court determined that, “The seriousness of the Forest Service’s error and its repeated failure to resolve that error favor the ordinary remedy of vacatur.” The court found that the Forest’s use of a supplemental information report instead of reinitiating NEPA was “perfunctory,” and that “despite having had two attempts to do so, has not offered any information that would bear on this Project’s impact on Lake Monroe (emphasis by the court). The article includes the court order.
BLM
TRO denied in Wild Horse Education v. U. S. Department of the Interior (D. Idaho)
On September 5, the district court refused to grant a temporary restraining order to stop a helicopter drive-trap operation to gather 281 wild horses from the Challis Herd Management Area, but it set a schedule for briefing a motion for a preliminary injunction that would occur after the gather is scheduled to occur. The court found no irreparable harm because other members of the herd would remain, and no horses would be adopted or sold for at least 45 days.
TRO granted
The district court has granted Oregon Wild Horse Organization, Central Oregon Wild Horse Coalition, and Western Watersheds Project a temporary restraining order against the BLM’s Riddle Herd Management Area “emergency gather.” Officials argued the emergency round-up was necessary to provide food, water, and veterinary care as the herd faced severe shortages and long distances between water following a fire that burned 70% of the area. Plaintiffs say the BLM lacks proper monitoring data showing horses are causing environmental harm and claim the agency is using wildfire as a pretext for aggressive reductions while ignoring commercial livestock impacts.
New lawsuit: Wilderness Workshop v. Burgum (D. Colorado)
On September 8, Wilderness Workshop and the Wilderness Society sued the BLM over oil and gas lease sales, which covered 430 square miles in Colorado and Wyoming. The complaint alleges, “BLM’s EA for the Colorado lease sale did not analyze the impacts of leasing on big game habitat or migration corridors.” According to plaintiffs, “The problem is that the plans were all created under the assumption that at the leasing stage or later, BLM could add new protective stipulations as needed.” And then BLM issued and an Instructional Memorandum interpreting the 2025 One Big Beautiful Bill Act’s requirements to only allow lease stipulations to protect wildlife if they are included in the agency’s resource management plan. Plaintiffs argue that this interpretation conflicts with FLPMA regulations’ requirement for “preference criteria” that would protect sensitive areas. They also allege that lands with wilderness characteristics weren’t properly considered. They allege violations of FLPMA, NEPA, OBBBA and the APA. The article includes a link to the complaint.
Court decision in Oregon Natural Desert Association v. Groffy (D. Oregon)
On September 8, the district court followed up its preliminary injunction by holding that a 2025 land use plan amendment that reduced the area to be protected from livestock grazing by being managed as “key research natural areas” for sage-grouse violated FLPMA and NEPA. The judge found that BLM had failed to adequately address the impacts of grazing on the wilderness characteristics of the wilderness study areas within these RNAs, as required by FLPMA. The BLM also violated NEPA by failing to address changes in definitions of key terms used in the 2025 amendment and other “unexplained inconsistency.” The court did not vacate the plan, but ordered the BLM to maintain the status quo. It also upheld the redesignation of areas as open to grazing as being consistent with the purpose of the RNAs. The article includes a link to the opinion.
Court decision in Cascadia Wildlands v. Alcock (9th Cir.)
On September 18, the Ninth Circuit Court of Appeals reversed a district court decision that had favored plaintiffs. The BLM decision at issue was the adoption of a forest management plan for timber harvesting within a 13,225-acre area, and the EA’s compliance with NEPA. The court found the effects analysis to be adequate for soil disturbances, invasive weeds, sensitive species, and cumulative impacts. The court also found that the EA did not need to be as site-specific as plaintiffs sought because, “NEPA does not require agencies to do a “parcel by parcel examination of potential environmental effects” when “the parcels likely to be affected are not yet known.” The court made it clear how this decision differed from condition-based management (and there is an implication that the site-specific effects analysis sought by plaintiffs must be provided when the parcels are known):
“Finally, Plaintiffs suggest that the BLM’s adoption of the Siuslaw Plan does not comply with NEPA because the agency’s future selection of parcels for timber harvesting will not be subject to any NEPA review. That is incorrect. As the record makes clear, before approving any specific timber harvesting projects, “the BLM will complete a tiered environmental assessment, categorical exclusion review, or Determination of NEPA Adequacy (DNA), as appropriate.””
The article includes a link to the opinion (which is clearer than the article).
ENDANGERED SPECIES
On July 14, the Trump Administration published a final rule limiting the definition of “take” of a listed species to an affirmative act that is intentionally and purposefully directed at a particular animal, and it no longer includes a definition of “harm” in this context, which formerly explicitly included effects on its habitat. The new rule became effective on September 14. There are now at least eight legal challenges to the regulation pending; seven are listed in this article. Below are links to complaints for some of them.
Center for Biological Diversity v. U.S. Fish and Wildlife Service (W.D. Wash.)
Defenders of Wildlife v. U.S. Fish and Wildlife Service (N.D. Cal.)
State of California v. Burgum (N.D. Cal.)
Commonwealth of Massachusetts v. U. S. Fish and Wildlife Service (N.D. Cal.) (not listed in the article)
Preliminary injunction granted in Save the Bull Trout v. U. S. Dept. of the Interior (D. Montana)
On September 4, the district court enjoined Department of the Interior and West Side Ditch Company from diverting water from the Upper Clark Fork River when the streamflow falls below 90 cfs to ensure the functional integrity of bull trout critical habitat. The National Park Service operates the Grant-Kohrs Ranch National Historic Site and diverts water from the West Side Ditch for its purposes. Plaintiffs allege that defendants unlawfully take threatened bull trout “via entrainment and inducement of suboptimal instream flow on the section of the UCF River downstream of the WSD,” and have not complied with an incidental take statement addressing these concerns. While the Park Service has taken some steps to address its direct effects, the court held, “NPS has failed, however, to meaningfully engage West Side on the installation of a fish screen beyond exercising its voting rights as a shareholder.”
(This case may illustrate how the changes to incidental take requirements discussed above could affect future actions. Here, there is both direct and indirect killing of a listed species, but it is arguably not intentional, and potentially not covered by ESA.)
New lawsuit: WildEarth Guardians v. Burgum (D. New Mexico)
On September 8, Plaintiffs challenged the failure of the Fish and Wildlife Service to finalize its proposed listing of the Pecos pupfish as a threatened species, and designation of its critical habitat. The fish is found only in the Pecos River Basin in Southeast New Mexico and West Texas. Four of the nine analysis units for the species include BLM lands. It is threatened by activities that affect surface and groundwater; plaintiffs specifically identify fracking. The one-year deadline passed in November, 2025. The press release includes a link to the complaint, and to the Fish and Wildlife Service’s proposed listing rule.
New lawsuit: Center for Biological Diversity v. U. S. Fish and Wildlife Service (D. Oregon)
On September 9, CBD, Friends of the Columbia Gorge and Klamath-Siskiyou Wildlands Center sued the Fish and Wildlife Service for failing to complete the listing process for the northwestern and southwestern pond turtles, which had led to proposed listings in October of 2023. ESA requires a final decision within one year. The pond turtles are found on the coasts of Washington, Oregon and California. They are threatened by predation from non-native species and habitat loss, allegedly including part of a lake that was drained on national forest land. The article includes a link to the complaint.
(In a rare instance of the government discussing pending litigation, the article quotes an “Interior Department spokesperson,” apparently in relation to the one-year listing deadline: “This lawsuit seeks to preserve a decades-old regulatory overreach that expanded the Endangered Species Act beyond the authority granted by Congress.”)
New lawsuit: WildEarth Guardians v. Burgum (D. D.C.)
On September 15, WildEarth Guardians sued the Fish and Wildlife Service for failing to meet an August 2025 deadline for a final listing decision for this butterfly. It is endemic to tallgrass prairie habitat, including Midewin National Tallgrass Prairie and Dakota Prairie National Grasslands (Forest Service), Tallgrass Prairie National Preserve (Park Service) and some BLM lands. It was proposed for listing as a threatened species; the threats include habitat loss, herbicide use and poorly managed fire. The press release includes a link to the complaint.
Court decision in Center for Biological Diversity v. U. S. Fish and Wildlife Service (E.D. California)
Court decision in Defenders of Wildlife v. U. S. Fish and Wildlife Service (E.D. California)
On September 16, the district court held that the Fish and Wildlife Service violated the Endangered Species Act when it determined, in conjunction with its decision to list the Sierra Nevada red fox as endangered in 2021, that designation of a critical habitat for this population was “not prudent” (a term used in the statute). The FWS erred by “failing to weigh the benefits of designating critical habitat, failing to consider the potential effect on the recovery of the species, and in applying an incorrect ‘significant threat’ standard.” A small, isolated population of 18 to 39 foxes is found in high-elevation environments in California and southern Oregon. The article includes a link to both court orders to redo the process; the interim remedy has not yet been determined.
Court decision in Texas v. U. S. Department of the Interior (5th Cir.)
On September 11, in a case discussed in the last Smokey Wire, where the Fish and Wildlife Service abandoned its defense of listing the lesser prairie chicken as an endangered species in order to settle the case, the 5th Circuit (not the 10th Circuit, incorrectly identified there) reversed the district court’s decision to deny intervention to the Center for Biological Diversity and Texas Campaign for the Environment. However, the appellate court found that individual plaintiff members had not established standing to appeal the voluntary remand of the listing decision to the FWS.
(This clarifies the intervention question, but muddles the standing question, e.g.: “The members’ profession of an `intent’ to return to the places they had visited before—where they will presumably, this time, be deprived of the opportunity to observe animals of the endangered species—is simply not enough” for appellate standing.”)
- Mifepristone (in case you think only the usual suspects do this)
Notice of Intent to Sue
On September 24, Students for Life of America formally warned the Food and Drug Administration on Sept. 24 that it will sue under the Endangered Species Act unless the agency acts on the abortion pill mifepristone within 60 days. The anti-abortion group argues that the FDA broke federal wildlife law when it approved the drug in 2000 without consulting the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, Fox News reported. The notice asks the FDA to take specific actions, including environmental testing and pulling the drug from the market… The group claims more than 50 tons of abortion-related medical waste reach water systems each year… The science offered so far is thin. (Taken verbatim from this article.)
OTHER
New lawsuit: American Federation of Government Employees v. U. S. Department of Agriculture (N.D. California)
On September 8, four unions representing USDA employees, the County of Santa Clara, California; the City and County of San Francisco, California; Prince George’s County, Maryland; the Alliance of Crop, Soil and Environmental Science Societies; the American Geophysical Union; the Coalition to Protect America’s National Parks; Natural Resources Defense Council; and Western Watersheds Project sued to stop the Trump administration from implementing a reorganization of the Department. In their motion for a preliminary injunction (linked to this press release), they ask the court to halt “imminent forced relocations of employees that are part of a reorganization.” A statement from Western Watersheds Project:
“The Trump administration’s meddling in the structure and function of the U.S. Forest Service, and closure of Regional Offices and research facilities, will impair the management of our National Forests and National Grasslands, and undermine the legal safeguards that protect public lands and wildlife. This effort to eliminate land management professionals and reshuffle entire agencies without congressional authorization presents a clear violation of the separation of powers that is at the heart of American democracy.”
On September 16, the court granted the injunction, except for relocations of employees in the National Capital Region to another duty station within the commuting area.
Voluntary dismissal in Montana v. Haaland (D. Montana)
On September 14, the parties in this case filed a motion to dismiss the lawsuit against the National Park Service’s 2024 Bison Management Plan for Yellowstone National Park. In April 2026, the NPS had announced its intent to prepare a supplemental environmental impact statement. A second lawsuit from the Alliance for the Wild Rockies and Council on Fish and Wildlife remains pending.