Forest Service summaries: 000000_2019_10_25_Litigation Weekly
The district court denied the plaintiffs’ Motion for Preliminary Injunction sought for the Tenmile South Helena Timber Management Project on the Helena-Lewis and Clark National Forest. (D. Mont.)
The district court approved a stipulation to modify the injunction against projects affecting Mexican spotted owls pending further consultation with the USFWS. (D. Ariz.) Discussed in detail here and here.
Plaintiffs contend the Forest Service is asserting federal ownership of Plaintiff’s ten acres adjacent to the White River National Forest. (Court of Federal Claims)
This case involves several projects related to the Ranch Fire on the Mendocino National Forest and Barryessa-Snow Mountain National Monument where the Forest Service has used a categorical exclusion for road maintenance to salvage timber from 7000 acres. (D. N.D. Cal.) A similar case was discussed here.
Plaintiffs claim violations of NEPA and NFMA for the Mission Restoration Project and Forest Plan Amendment #59, which authorized logging, burning, and road building on the Okanogan-Wenatchee National Forest based on an EA. (E. D. Wash.)
This lawsuit was filed against the National Park Service and the Forest Service concerning the continued allowance of hunting bison that have migrated out of the Yellowstone National Park to the Custer Gallatin National Forest. (D. D.C.) Here’s a background article.
NOTICES OF INTENT
Grazing permittees assert that a biological opinion by the National Marine Fisheries Service addressing 29 allotments on the Malheur National Forest violated the ESA.
The Alliance for the Wild Rockies has supplemented its NOI for the Hanna Flats Project on the Idaho Panhandle National Forest to include violations of ESA associated with consultation on grizzly bears for the forest plan Access Amendment. (This may be related to the outcome of the Pilgrim lawsuit, discussed here.)
The district court has enjoined the BLM from implementing the 2019 BLM Sage-Grouse Plan Amendments because of NEPA violations. This was explained here.
AND MORE FROM THE BLOGGER
- BLM Grazing
The Western Watersheds Project has filed a lawsuit seeking information (presumably via FOIA) from the BLM about a 2017 grazing initiative affecting six states. Also, a new lawsuit was filed that challenges parts of the 2019 sage-grouse amendment that allow grazing of research natural areas.
A court has remanded the decision by the FWS that the species is warranted for listing but precluded by higher priorities for an explanation of why its priority was lowered. The species is found in high-elevation streams and lakes of the Rio Grande, Canadian and Pecos rivers in Colorado and New Mexico.
The Idaho Conservation League and Greater Yellowstone Coalition are asking a federal court to stop the Kilgore Gold Project on the Caribou-Targhee National Forest. In Montana, the district court refused to dismiss claims against the Rock Creek Mine on the Kootenai National Forest.
- Oregon state forests
Counties and other taxing districts have sued because the state has not managed forests for the most long-term, sustainable income as required in a decades-old contract. Instead, the state is operating under a management plan based on a definition of greatest forest value that includes factors such as recreation, wildlife enhancement and water quality. Meanwhile, the state is trying to develop a new plan that would gradually increase the number of harvestable acres after adopting a habitat conservation plan for at-risk species.