NFS Litigation Weekly May 30, 2019


Forest Service summaries:  2019_05_30_Lit Weekly



The complaint alleges unauthorized use of chainsaws in two wilderness areas on the San Juan and Rio Grande National Forests.  The case is being discussed on this blog, here and here. (D. Colo.)

Another lawsuit has been filed against the Rio Grande National Forest’s approval of access to private land that would allow development of the Village at Wolf Creek Ski area.  More on this dispute can be found here.  (D. Colo.)


BLOGGER’S BONUS (not included in the Forest Service summaries)

The district court denied a motion for injunction pending appeal to the Ninth Circuit of its decision to dissolve a prior injunction on the Miller West Fisher Project after the Kootenai National Forest had completed additional analysis.  That court decision was discussed here.  (D. Mont.)

The appeals court upheld a fire salvage and restoration project on the Modoc National Forest.  It found that the Forest adequately addressed effects on northern goshawks and Modoc suckers.  In relation to NFMA, it found that landscape conditions did not comply with the forest plan because of the fire rather than the proposed action, that required surveys were conducted, and other alleged requirements were discretionary guidelines.  (9th Cir.)


LATE BREAKING UPDATE (after the Forest Service summary was compiled)

A federal appeals court ordered a new hearing for environmental groups trying to ban the use of lead shot that they said poses a threat to endangered California condors in the Kaibab National Forest. The court held that the case is justiciable, and that because the district court dismissed for lack of jurisdiction, it never had the chance to consider the questions pertaining to contributor liability under the Resource Conservation and Recovery Act in the factual context presented by this case.  (9th Cir.)

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