NFS Litigation Weekly July 17, 2019


Forest Service summaries:  2019_07_17_Draftv1 for distribution


The District Court of Oregon issued an order adopting all of the magistrate’s March 22, 2019 Findings and Recommendations in favor of the Forest Service concerning the Lower Imnaha Rangeland Analysis Project within the Hells Canyon National Recreation Area on the Wallowa-Whitman National Forest.  Those findings were previously discussed here.


On December 10, 2018 the Montana district court granted the Forest Service’s motion for summary judgement and upheld the Johnny Crow Wildlife Habitat Improvement Project on the Helena-Lewis and Clark National Forest.


The plaintiffs filed a complaint in the Central District Court of California concerning the Tecuya Project on the Los Padres National Forest, approved using the Category 6 Wildlife Habitat Enhancement Categorical Exclusion.  Further background is provided by this article.

The plaintiffs filed a complaint in the Eastern District Court of California against the Three Creeks Forest Health and Restoration Project on the Inyo National Forest.


The Center for Biological Diversity alleges that the U.S. Fish and Wildlife Service and the Forest Service violated the Endangered Species Act pertaining to consultation on the 2015 revised Land Management Plan for the Apache-Sitgreaves National Forest and effects on the New Mexico meadow jumping mouse.

The Center for Biological Diversity may add to the complaint (above) against the Tecuya Project on the Los Padres National Forest based on violations of ESA in relation to the California condor.



A lawsuit filed by the Conservation Congress in 2013 was dismissed after the Forest Service reinitiated and completed ESA consultation.

The Forest’s proposal for the Pacheco Canyon area near the city of Santa Fe is being appealed by plaintiffs to the 10th Circuit Court of Appeals.

The 9th Circuit Court of appeals affirmed the district court opinion in favor of the Forest’s management of four grazing allotments for aquatic species.  The district court opinion was discussed here as the Western Watersheds case.

Conservation groups have sued the U. S. Fish and Wildlife Service for failing to designate critical habitat, including national forest lands on the Idaho Panhandle National Forest, after the species went extinct within the U. S.

The Southwest Regional Forester has revoked the grazing permit of a rancher who trapped and bludgeoned to death an endangered Mexican wolf.



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