
A little stocking stuffer … (especially the last one)
FOREST SERVICE
Court decision in Clinch Coalition v. U. S. Forest Service (W.D. Virginia)
On December 3, the district court dismissed for lack of standing a challenge to a 2020 Trump Administration Forest Service rule that expanded the Service’s NEPA categorical exclusions (CEs) for community wildfire protection for:
- Commercial logging projects up to 2,800 acres and construction of up to three miles of logging roads.
- Construction of up to two miles of permanent road for any purpose.
- “Special use” authorizations for private uses affecting up to 20 acres of national forest lands.
The court found that a facial challenge, without reference to specific projects, did not demonstrate that plaintiffs would be affected. (You’ll have to trust AI for this summary – since apparently it subscribes to the pay sites that have provided the only coverage of this story.)
Injunction granted in Center for Biological Diversity v. U. S. Forest Service (D. Montana)
On December 11, the district court granted summary judgment on the Center’s claims of violations of NEPA, NFMA and ESA, and it vacated and remanded the South Plateau Project decision by the Custer Gallatin National Forest. The project was planned for nearly 16,500 acres north of and adjacent to Yellowstone National Park, including over 5,000 acres of clearcuts.
The judge noted that the “primary challenge concerns the project’s conditions-based management approach,” which “conflates a promise of future statutory compliance with actual compliance.” The South Plateau project anticipated a need for 56.8 miles of temporary roads over 15 years, but didn’t specify where they would be, which would be relevant to how they might affect grizzly bear-secure habitat. The Forest Service could also not show that actions would not violate forest plan standards related to grizzly bears and Canada lynx, the court explaining that “The Forest Service avowing that future activities will comply with NFMA falls far short of showing that those activities do so.” The Project violated ESA because the Fish and Wildlife Service reliance on 10-acre patches of secure grizzly bear habitat was not supported by the best available science. The court did uphold the EA’s treatment of climate change.
This article discusses condition-based management in more depth. Both articles include links to the court’s opinion.
Voluntary dismissal in MountainTrue v. U. S. Forest Service (W.D. North Carolina)
On December 15, the plaintiffs voluntarily dismissed this case involving salvage logging in a North Carolina Natural Heritage Natural Area on the Nantahala-Pisgah National Forest containing rare plants and sitting above the Nolichucky River — a popular whitewater rafting destination. The notice is here; the case was originally discussed here.
- Shasta-Trinity NF logging project
Preliminary injunction denied in Klamath Forest Alliance v. Jones (E.D. California)
On November 25, a coalition of environmental groups sued the Forest Service over what they call the misuse of “emergency” powers to fast-track logging in the Shasta-Trinity National Forest – using the possibility of a future wildfire instead of an ongoing emergency as justification. Their lawsuit will also address “alternative arrangements” to proceed with logging in occupied spotted owl sites without first completing NEPA analysis. This case was introduced here (with an incorrect heading labeling it the Klamath National Forest).
On December 15, the district court denied Plaintiffs’ motion for a preliminary injunction against two pending commercial logging operations (430 acres) undertaken in conjunction with this North Trinity Project. While the court agreed plaintiffs had raised serious questions about the merits and had shown irreparable harm, the court concluded that the balance of equities tipped toward the federal government completing wildfire fuel and risk reduction before the next wildfire season. The court’s decision is here.
Since we discussed “emergency” procedures here, here is how the court interpreted 7 C.F.R. § 1b.9(w) in this case to provide Plaintiffs with “a fair chance of success upon further deliberative investigation:”
“For example, if a wildfire in 2021 illuminated for USFS the need for action, why was such action only implemented on an emergency basis late in 2025 after new regulations were promulgated in July 2025? And how does the agency’s citation to topography, which has not been shown to have changed, justify an emergency? Additionally, as Plaintiffs maintain, the USFS current interpretation of § 1b.9(w) would seem to allow for an emergency response which avoids NEPA requirements in almost any situation the agency deems presents a wildfire danger and could allow for emergency activities anywhere within the National Forest System absent NEPA review. Such an interpretation of the regulation would render NEPA meaningless and allow an Executive Branch agency to undertake almost any activity it wants without environmental review protections mandated by Congress.”
In finding the equities favor the Forest Service in denying the injunction, the court pointed out contract language that should protect spotted owls and could be enforced as the lawsuit continues:
“That said, the Court has been presented with evidence that these two commercial logging contracts carry with them very specific restrictions as to the trees permitted to be cut, including limitations associated with tree size, species, location, and proximity to other trees. The Court expects the logging operations to continue subject to strict compliance with these restrictions and would accept further motions should Plaintiffs have evidence to the contrary.”
BLM
New lawsuit: Klamath-Siskiyou Wildlands Center v. Burgum (D. Oregon)
On December 9, Klamath-Siskiyou Wildlands Center, Oregon Wild and Cascadia Wildlands sued the BLM over its Last Chance Forest Management Project: commercial thinning, timber harvest and hazardous fuels reduction across nearly 57,000 acres within northern spotted owl habitat in southwestern Oregon, including 8,240 acres of commercial timber harvest. “The project authorizes extensive logging in fire-resilient old-growth forests and serpentine ecosystems that provide essential habitat for imperiled species, and will increase wildfire risk in portions of the project area for the next two decades,” the groups say in the complaint.
The Fish and Wildlife Service Biological Opinion allegedly violates the Endangered Species Act because it understates the effects on spotted owls, and improperly concludes there would be no incidental take of individuals. The complaint also alleges BLM violations of FLPMA and NEPA. The 2016 Southwestern Oregon Resource Management Plan, requires conservation measures to reduce risks to “Bureau sensitive species,” but the BLM declined to protect the northwestern pond turtle, a sensitive species proposed for listing as a threatened species under the ESA. Plaintiffs also allege that an EIS should have been prepared. The article includes a link to the complaint.
New lawsuit: Sovereign Iñupiat for a Living Arctic v. Burgum (D. Alaska)
On December 11, Sovereign Iñupiat for a Living Arctic, Center for Biological Diversity, and The Wilderness Society challenged the BLM’s approval of ConocoPhillips Alaska Incorporated’s seismic and exploration drilling program in the National Petroleum Reserve-Alaska. According to the complaint, “BLM’s decision violates the Reserves Act because it fails to rationally explain how approving the exploration program, which the record shows will result in significant adverse impacts, is consistent with BLM’s obligation to protect surface resources from such impacts.” It also asserts that the public did not have enough time to weigh in on the BLM’s approval. The 23-million-acre reserve is the nation’s largest tract of public land, and has seen limited development. The authorization came on the heels of Interior finalizing a new rule in November that opened up half of the reserve to oil and gas development, reversing ecological protections for the reserve instituted under the Biden administration in 2024. The article includes a link to the complaint.
New lawsuit: Center for Biological Diversity v. U. S. Department of the Interior (N.D. California)
On December 15, the Center for Biological Diversity and Sierra Club sued the Department of the Interior and seven of its agencies challenging its interim final rule to implement NEPA procedures. The rule responded to President Trump’s Executive Order 14154, “Unleashing American Energy.” It rescinded most of the Department’s NEPA regulations, including its procedures on public involvement in the preparation of EISs and EAs. Plaintiffs allege the rule was “finalized and made effective without advanced public notice of, or an opportunity to comment on, the rule, and which provided no explanation for Interior’s major change in its longstanding public participation procedures.” Plaintiffs seek a return to prior NEPA procedures. The article includes a link to the complaint.
Court decision in Montana Wildlife Federation v. Burgum (D. Montana)
On December 17, the district court denied a motion by the government to voluntarily remand its decisions on six Montana and Wyoming oil and gas lease sales in sage-grouse habitat. Their attorneys had argued that significant changes in the law and certain changes in the facts warrant remand. The evidence before the court instead indicated they would use the remand “as means to provide a new rationale for reaffirming the prior leasing decisions” as opposed to demonstrating “an intent to seriously reconsider or re-review [their] decision” – the standard for a voluntary remand (compare to the Red Rocks case below). The court also found that a judicial decision on the merits was in the public interest because this case has been going on for seven years and is near a final decision.
ENDANGERED SPECIES
Court decision in San Luis Obispo Coastkeeper v. County of San Luis Obispo (9th Circuit)
On December 3, the circuit court reversed a decision by a district court requiring the release of more water from Lopez Lake into Arroyo Grande Creek in order to protect threatened steelhead trout. The circuit held that the district court’s mandatory preliminary injunction failed to take into account the effects on the California redlegged frog and the tidewater goby, species also listed under the Endangered Species Act. The preliminary injunction was reversed and remanded, and the case will continue. The article includes a link to the opinion. (Los Padres Forestwatch was one of the plaintiffs.)
“The Trump administration’s pending deletion of the Endangered Species Act’s definition of “harm” will have an outsize impact on imperiled species in Northwest forests targeted for logging, especially the northern spotted owl, environmental attorneys say… Once the repeal is finalized, logging will be considered harmful to the marbled murrelet and northern spotted owl only if they’re roosting in trees at the moment they’re being cut.” While the article is focused on incidental take permits needed for private land actions, it also cites implications for the update of the Northwest Forest Plan as an example of effects on federal land management.
OTHER
Maestri Ranch Company, LLC v. Ten Braak (Wyoming Sixth Judicial District)
This lawsuit by ranch owners was filed in July (the article includes a link to the complaint). They seek to stop a holder of an easement (Defendant) across their ranch to Defendant’s property from using it to access and hunt on otherwise “landlocked” public lands that are also traversed. The question is whether the terms of the easement are for “ingress and egress” only and whether access to public lands “cannot be curtailed by private parties absent statutory authority or ownership interest.” A hearing was held this month.
New lawsuit: American Federation of Government Employees v. Kupor (D. Massachusetts)
On November 6, the American Federation of Government Employees, AFL-CIO; the American Federation of State, County & Municipal Employees, AFL-CIO; and the National Association of Government Employees, Inc. sued the U. S. Office of Personnel Management over its “merit hiring plan” because of this employment essay question (purportedly made optional after the public reaction):
“How would you help advance the President’s Executive Orders and policy priorities in this role? Identify one or two relevant Executive Orders or policy initiatives that are significant to you, and explain how you would help implement them if hired.”
The unions claim the question creates an “unconstitutional” and discriminatory system in which job-seekers are rewarded or punished for their political views. Their claims include violation of the First Amendment, the Privacy Act and the Administrative Procedure Act. The article includes a link to the complaint.
Court decision in State of New York v. Trump (D. Massachusetts)
On December 8, the district court granted summary judgment to seventeen states and Alliance for Clean Energy New York, and vacated what the court referred to as the federal agencies’ “Wind Order,” which halted all permitting for wind energy projects. The court rejected the government’s argument that agency action is not subject to the arbitrary and capricious standard whenever the agency is acting pursuant to executive order, and held that the federal agencies failed to provide a reasoned basis for the decision, in violation of the Administrative Procedure Act. Because the district court did not limit its application to the parties in the proceeding, its reasoning applies to analogous circumstances involving other parties and projects. The article includes a link to the opinion.
Court decision in WildEarth Guardians v. U. S. Fish and Wildlife Service (D. Montana)
On December 15, the district court granted the U.S. Fish and Wildlife Service’s request for a voluntary remand in a case challenging five grazing permits issued on the Red Rock Lakes National Wildlife Refuge. After the parties made three unsuccessful attempts to reach a settlement, the Fish and Wildlife Service asked the court for permission to go back and do a new analysis of grazing effects as long as the grazing permits could remain active. In its remand request, the Fish and Wildlife Service said it will factor in staffing and resource shortages to see whether grazing can even be allowed on the Refuge under the requirements of the existing plan. The court declined to vacate the decision and terminate the grazing permits as environmental plaintiffs had sought. The article has a link to the opinion.
New lawsuit: Center for Biological Diversity v. Burgum (D. D.C.)
On December 10, the Center sued to prevent the Departments of Agriculture and the Interior from placing a closeup photograph of President Trump’s face on the America the Beautiful National Parks and Federal Recreational Lands Annual Pass. Plaintiffs claim that the Federal Lands Recreation Enhancement Act of 2004 requires the main America the Beautiful Pass to feature the winning photo of the National Parks Foundation’s annual public lands photo contest, which for the 2026 pass is an image of Glacier National Park. They also argue that the administration violated the law by “creating new ‘Resident’ and ‘Nonresident’ passes expressly prohibited by the law.” The article includes a link to the complaint.
