Judge Malloy’s Brief Summary of Decision on Colt Summit

Thanks to my heroine of the day…

TEXT ORDER granting in part and denying in part [30]Plaintiff’s Motion for Summary Judgment; granting in part and denying in part [36] Defendant’s Motion for Summary Judgment. A separate Opinion will be entered in this case, however for the benefit of the parties and their planning I am denying most of the plaintiff’s claims, save one, and granting most of the defendant’s assertions, save one. The Project complies with Standards VEG S6 and ALL S1, which relate to lynx and lynx critical habitat. The project also complies with the Inland Native Fish Strategy standards governing streamside and wetland buffers. The Forest Service adequately analyzed the Project’s effects on lynx and grizzlies and did not violate Section 7(a)(2) of the Endangered Species Act. Furthermore, the Service did not improperly exclude the Summit Salvage Project Area from its analysis. The shortcoming of the Service, and the question on which the plaintiff’s prevail is in one aspect of the NEPA evaluation. The Service violated NEPA by failing to adequately analyze the Project’s cummulative effects on lynx. Consequently on this issue plaintiff’s motion for summary judgment is granted and the cummulative effects analysis on lynx is remanded to the Forest Service for further consideration and analysis. In all other respects the plaintiff’s motion for summary judgment is DENIED and defendant’s motion for summary judgement is GRANTED. A written order with my reasoning will follow. Signed by Judge Donald W. Molloy on 6/20/2012. (Molloy, Donald)

1 thought on “Judge Malloy’s Brief Summary of Decision on Colt Summit”

  1. Wow. They prevailed on fake science (“models”), again. “Cumulative effects on lynx” even sounds stupid. Maybe it’s time for tea leaves or gypsies — this is definitely beyond the realm of current scientific capability. Judge Malloy is living up to his reputation with this call. Except for the unusual denials. And VEG 56 and ALL S1, of course.

    I won’t say what I really feel about this non-stop idiocy. You’re welcome.

    PS But, really, what are the “cumulative effects” on condor reintroduction? That’s what I’d like to know. Also — how much were the lawyers paid?

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