EAJA Awards (#213957)

Conservation Northwest et al v. US Forest Service et al
2:20CV00450 (ED WA)
U.S. Department of Agriculture
Forest Service
Marla S. Fox
90,000.00
Court
Null
1)      Claims failure to initiate and complete consultation before adopting the Decision and publishing the 2020 use maps because those actions “may affect” ESA-listed species or designated critical habitat. 2) Failure to reinitiate and complete consultation before adopting the Decision and publishing the 2020 use maps. 1) Claims failure to provide sufficient advance public notice or a sufficient opportunity for the public to comment before finalizing its Decision and publishing the 2020 use maps.
2) Failed to complete the site-specific analysis required by NEPA for the Decision and 2020 use maps. 3) Failure to review the Decision and the 2020 use maps pursuant to NEPA, including the failure to take a hard look at the environmental impacts of or reasonable alternatives to its decision. Failure to provide notice and comment consistent with NEPA, including the requirements for scoping, before designating roads for new vehicle classes in its Decision and before publishing the 2020 use maps.
Motion to Determine Scope of Review for Claim filed by Petitioners. Hearing set without oral argument then continued. Stipulated Motion to Dismiss by Petitioners. Case dismissed with prejudice on 6/7/21.