December litigation

Since it looks like the Forest Service “Litigation Weekly” may have been a victim of the government shutdown, here’s what you may have missed.

Coconino National Forest ski area

The Arizona Supreme Court has squashed what could be the last legal maneuver by the Hopi Tribe to block the use of treated effluent to make snow on the San Francisco Peaks.  (The Forest Service was not a party.)

Boise National Forest salvage logging projects

The Ninth Circuit upheld the North and South Pioneer salvage logging projects against NEPA and ESA claims.  This lawsuit was previously addressed here.

Helena – Lewis and Clark National Forest thinning project

The District Court upheld a thinning and burning project in the Elkhorn Mountains Wildlife Management Area.

Flathead National Forest timber project

The District Court dissolved the injunction against the Glacier Loon project after the Forest supplemented its NEPA analysis.

Francis Marion National Forest annexation

The South Carolina Supreme Court ruled that two Awendaw residents and the Coastal Conservation League may challenge a 2009 town annexation that cut through the Francis Marion Forest to reach a 360-acre privately owned tract.  What made the Nebo annexation so controversial was the town’s approach to establishing “contiguity.” In South Carolina, municipalities may annex properties only if they’re contiguous, or touching, their current limits.  Awendaw annexed Nebo after also annexing a 10-foot-wide strip through the Francis Marion forest, but the U.S. Forest Service did not sign a petition allowing it.  (The Forest Service was not a party and has been strangely silent.)

Kisatchie National Forest hunting ban

A federal judge has upheld a 2013 dog deer hunting ban challenged by local hunters.


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