EAJA Awards (#255276)

Alliance for the Wild Rockies, Native Ecosystems Council
20-cv-00179-DVM (D. Mont.)
U.S. Department of Agriculture
Forest Service
Rebecca K. Smith and Timothy M. Bechtold
108,382.00
Court
Null
1) Claims the Forest Service’s conclusion in the Project EIS that it is conserving adequate and “well-distributed” habitat for elk that maintains hunting opportunities is contrary to the law, and 2) The site-specific Forest Plan amendment and agency practice of issuing successive site-specific amendments to evade analysis of a "significant" Forest Plan amendment.
Plaintiffs prevailed on Claim 1 insofar as defendants were required to reinitiate consultation on the grizzly bear, because of concurrent project activities in more than three subunits. The 2019 Record of Decision is vacated and the matter is remanded for further Agency action consistent with the order.