NFS Litigation Weekly September 28, 2018

NFS Litigation Weekly September 28, 2018

Forest Service summaries:  Litigation Weekly sept 28

The Santa Fe National Forest must reinitiate ESA consultation on the effects of its 2012 travel management decision on the subsequently listed Jemez Mountain salamander.  (D. N.M.)

The Olympic National Forest did not explain why it was not feasible for the Navy to use private land for electronic warfare training, as required for issuance of a special use permit by its forest plan (but further briefing will be allowed).  (W.D. Wa.)

A magistrate judge agreed that the Santa Fe National Forest could deny a request to put a new telecommunications facility on Tesuque Peak.  (D. N.M.)

(New case.)  Off-road vehicle plaintiffs challenge the West Delores Roads and Trails Travel Management Project on the San Juan National Forest.  (D. Colo.)

The U. S. Fish and Wildlife Service improperly delisted the threatened Greater Yellowstone Ecosystem population of grizzly bears.  (D. Mont.)

The Lewis and Clark National Forest took too long to cancel oil and gas leases in the Badger-Two Medicine “traditional cultural district” due to NEPA deficiencies.  (D. D.C.)


Blogger’s note on the FSEEE case:  One of the other issues was whether another forest plan requirement was met that “interests and needs of the general public shall be given priority over those of the applicant.”  The Forest Service was upheld on this point because the Navy’s operating procedures require that they relocate if a camper is occupying the mobile emitter truck site, and the public user wishes.  I’m imagining myself telling the Navy to get lost.

Blogger’s bonus:

The BLM appears to have violated FLPMA and when it issued new procedures for public participation in oil and gas leasing in areas identified as greater sage-grouse special management areas in land management plans (as amended by the Greater Sage-Grouse Plan Amendments), and a preliminary injunction against their use for future leases was granted.  (D. Idaho)

The U. S. Fish and Wildlife Service must reconsider its decision to not list the species, found in California and Oregon forests, under ESA.  (N.D. Cal.)



via A New Century of Forest Planning

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