Public lands litigation news, early July, 2020

While we (maybe) await further news of what the Forest Service thinks is news, here’s some of what I’ve seen.  Some others we’ve looked at already: Bi-state sage-grouse Mexican spotted owl North Cascades grizzly bears  (see comments) FOREST SERVICE Helena Hunters and Anglers Association v. Marten In a case that has been discussed here a … Read more

NFS Litigation Weekly April 17, 2020

Forest Service summaries:  Litigation Weekly April 17_2020_email COURT DECISIONS 000001_NEC 9th Cir. Johnny Crow In Native Ecosystem Council v. Martin, the 9th Circuit Court of Appeals affirmed the district court and upheld the Johnny Crow wildlife habitat improvement project on the Helena-Lewis and Clark National Forest based on a wildlife habitat improvement categorical exclusion. 000002_NEC … Read more

NFS Litigation Weekly April 10, 2020

Here’s the Forest Service summary:  Litigation Weekly April 10_2020_Final_Email COURT DECISIONS 000001_Bark v US 9th Cir Order The 9th Circuit Court of Appeals determined that the Forest Service’s decision to not prepare an Environmental Impact Statement for the Crystal Clear Restoration Project on Mount Hood National Forest was arbitrary and capricious – as described in … Read more

NFS Litigation Weekly March 6, 2020

Forest Service summaries:  Litigation Weekly March 06_2020 Email COURT DECISIONS 00001_Bailey The 6th Circuit Court of Appeals issued an Order in favor of the Forest Service concerning amenities at the Marsh Branch Boat Launching Facility in the Daniel Boone National Forest.  This was an attempt by an individual to compel the Forest Service to repair … Read more

January 2020 Litigation, Part 1

FSEEE v. USFS Court decision:  The 9th Circuit held that the Olympic National Forest decision to grant a special use permit to the Navy for electronic warfare training was consistent with the forest plan, after allowing documents outside of the administrative record that showed they had considered the availability of private land. Greater Hells Canyon … Read more

NFS Litigation Weekly January 10, 2020

The Forest Service summaries are here:  Litigation Weekly January 10, 2020_Final Email They have not attached any supporting documents this time, but the summaries are longer.  I’ve added a short overview here. COURT DECISIONS Idaho Conservation League and Greater Yellowstone Coalition v. U.S. Forest Service, et al. (D. Idaho) The district court remanded the decision … Read more

NFS Litigation Weekly October 25, 2019

Forest Service summaries:  000000_2019_10_25_Litigation Weekly COURT DECISIONS 000001_Alliance for Wild Rockies v. Leanne Marten_Tenmile_Region 1 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.) LITIGATION UPDATE 000002_Wildearth Guardians v USFWS USFS_MSO_Region 3 The district court approved … Read more

NFS Litigation Weekly September 18 & 25, 2019

Forest Service summaries:  2019_09_18 and 25_Litigation Weekly_Email COURT DECISIONS 00001_WildEarth Guardians v. United States Fish and Wildlife Service_Region 3 The district court invalidated the biological opinion on Mexican spotted owls prepared by the FWS for forest plans for the Lincoln, Santa Fe, Cibola, Carson, and Gila National Forests in New Mexico, and the Tonto National … Read more

Forest Service not sued on timber project

I couldn’t find the project files for the Gatton’s Park fuels treatment project in the Upper Mimbres Valley on the Gila National Forest, but it seemed like it has a lot of features that make it a good example of how to not get sued – The Nature Conservancy received an initial Collaborative Forest Restoration … Read more