The Forest Service summaries are here: Litigation Weekly February 19, 2021 EMAIL
(The last summary we received was dated January 8, so we’ve missed a few things.)
Links for each case are to court documents.
WildEarth Guardians v. U.S. Forest Service (D. Utah). On February 5, 2021, the District Court of Utah upheld the authorizations for a 400-well oil and gas development project on the Ashley NF with regard to NEPA, NFMA, Mineral Leasing Act, Roadless Rule, Clear Water Act and APA claims.
Idaho State Snowmobile Association v. U.S. Forest Service (D. Idaho). On February 10, 2021, the District Court of Idaho reversed and remanded a travel management decision involving snowmobile access and closure of 72,447 acres of the Sawtooth NF because the research relied on did not support the conclusions about wildlife in the EA.
Arizona Mining Reform Coalition v. U.S. Forest Service (D. Ariz.). On January 22, 2021, the plaintiff filed a complaint in the District Court of Arizona, regarding the conveyance of Oak Flat Parcel as part of the “Southeast Arizona Land Exchange and Resolution Copper Mine Project” on the Tonto National Forest that was approved on January 15, 2021.
Friends of the Clearwater v. Cheryle Probert (D. Idaho). On February 4, 2021, the plaintiff filed a complaint in the District Court of Idaho, challenging a October 2017 Travel Planning Record of Decision, which allows motorized use along the Fish Lake Trail within a Recommended Wilderness Area on the Nez Perce-Clearwater National Forest.
NOTICE OF INTENT
On January 26, 2021, Western Watersheds Project and Rocky Mountain Wild alleged violation the Endangered Species Act and National Forest Management Act regarding the Final Record of Decision and the Final Environmental Impact Statement for the Thunder Basin National Grassland 2020 Plan Amendment because of the failure to carry out programs to conserve the black-footed ferret.
Montana Environmental Information Center vs. Bernhardt (D. Montana). On January 25, 2021, the Montana District Court denied Plaintiff’s Motion for Preliminary Injunction regarding the Rosebud Mine expansion in southeast Montana and its effect on the endangered pallid sturgeon. (The Forest Service is not a named party in this litigation nor are any mining operations on NFS lands. The summary was provided for information purposes.)
Price v. Barr (D. D.C.). On January 22, 2021, the District Court entered a declaratory judgment and permanent injunction against permit and fee requirements for commercial filming in a national park because they are unconstitutional under the First Amendment (as we discussed here).
Natural Resources Defense Council v. U. S. Department of the Interior (N.D. California). On January 25, 2021, NRDC, filed a complaint for Declaratory and Injunctive Relief in the Northern District of California against the U. S. Fish and Wildlife Service, challenging the decision to remove the gray wolf from the list of threatened and endangered species.