Native Ecosystems Council, Alliance for the Wild Rockies
21-cv-00022-DWM (D. Mont.)
U.S. Department of Agriculture
Forest Service
Rebecca K. Smith and Timothy M. Bechtold
122,000.00
Court
Null
1) Claims the Forest Service's representations and/or omissions in the EIS regarding road density and elk habitat violate NEPA, 2) Forest Service failed to disclose the decrease in active goshawk nesting territories to the public in the EIS, and failed to comply with Forest Plan requirement to conduct an evaluation report if active nests decline by 10% in a year, and 3) Claims Forest Service's representations and/or omissions in the EIS regarding tree cutting in an Inventoried Roadless Area violate the 2001 Roadless Rule.
On 4/4/2022, the District Court of Montana granted the plaintiffs' motion for Summary Judgment as to Claim 1 (all portions except illegal roads portion) and Claim 5. The project is remanded back to the Forest and enjoined pending Agency compliance with both NFMA and NEPA.