Lands Council v. Vaught
Decision Date | 29 March 2002 |
Docket Number | No. CS-00-0185-EFS.,CS-00-0185-EFS. |
Citation | 198 F.Supp.2d 1211 |
Parties | The LANDS COUNCIL, Idaho Sporting Congress, Inc., the Ecology Center, and the Kootenai Environmental Alliance, Plaintiffs, v. Robert VAUGHT and/or Rolando Ortegon, in his official capacity as Forest Supervisor of the Colville National Forest; David Wright, in his official capacity as Forest Supervisor of the Idaho Panhandle National Forests; and Mike Dombeck, Chief of the U.S. Forest Service, and agency of the U.S. Dept. of Agriculture, Defendants, v. Intermountain Forest Association; Idaho Forest Owners Association; and Vaagen Brothers Lumber, Inc., Defendant-Intervenors. |
Court | U.S. District Court — District of Washington |
Terrence V Sawyer, Spokane, WA, D Bernard Zaleha, Wild Fund Inc, Thomas J Woodbury, Attorney at Law, Boise, ID, for plaintiffs.
William Herbert Beatty, U S Attorney's Office, Spokane, WA, Robert A Maynard, Perkins Coie LLP, Boise, ID, for defendants.
ORDER GRANTING IN PART AND DENYING IN PART CROSS MOTIONS FOR SUMMARY JUDGMENT, AND GRANTING PLAINTIFFS' MOTION FOR PERMANENT INJUNCTION
On March 9, 2001, the Court heard oral argument on the summary judgment motion filed by Plaintiffs, (Ct.Rec.103), and by Defendants Robert Vaught, David Wright and Mike Dombeck ("the Federal Defendants"), (Ct.Rec.109). Defendants Intermountain Forest Association, Idaho Forest Owners Association, and Vaagen Brothers Lumber, Inc. ("the Intervenor Defendants") have joined the Federal Defendants' summary judgment motion. (Ct. Rec.115.)
At the hearing, Plaintiffs were represented by Tom Woodbury and Terrence Sawyer. Alan Campbell represented the Federal Defendants. The Intervenor Defendants were represented telephonically by Robert A. Maynard. The Court has reviewed the motions, the file and those parts of the administrative record cited by the parties.
II. BACKGROUND
In late 1998 and early 1999, the United States Forest Service ("Forest Service") began addressing a Douglas-fir bark beetle outbreak and various ecosystem imbalances in the Colville and Idaho Panhandle National Forests ("CNF" and "IPNF," respectively). Pursuant to the National Environmental Policy Act ("NEPA"), the Forest Service prepared an environmental impact statement identifying various alternatives for addressing the outbreak and imbalances. The final form of this statement, known as the Final Environmental Impact Statement ("FEIS"), was released to the public on June 14, 1999. On June 11, 1999, the Forest Service issued two records of decision ("RODs") that adopted, with modifications, several of the alternatives identified in the FEIS.
The alternatives adopted by the RODs are known as the Douglas Fir Bark Beetle Project ("the Project"). The Project is to respond to the bark beetle outbreak, restore vegetation, restore aquatic ecosystems, and reduce forest fire fuels — largely by logging 145 million board-feet of trees. Project restoration work is to be implemented either as part of timber sale contracts or with funds generated by those sales. Overall, Project work is expected to affect more than 19,000 acres of forested land in the IPNF and 4,300 acres of forested land in the CNF.
Pursuant to 36 C.F.R. §§ 215.9 and 215.13, The Lands Council, Ecology Center, Idaho Conservation League, and Kootenai Environmental Alliance ("the Montana plaintiffs") administratively appealed the Forest Service's decisions to adopt and implement the Project. The appeals were denied in September 1999.
On February 1, 2000, the Kettle Range Conservation Group and Leavenworth Audubon, Adopt-A-Forest ("the Kettle Range plaintiffs") filed suit in this district challenging the implementation of the CNF portion of the Project on NEPA and NFMA grounds. The judge in that case found that the Kettle Range plaintiffs lacked standing and dismissed the case on July 12, 2000, for lack of subject matter jurisdiction. The Kettle Range plaintiffs filed an appeal on September 8, 2000. The Ninth Circuit reversed and remanded, concluding that the district court should have considered the additional documents filed by the Kettle Range plaintiffs to support standing. On July 10, 2001, the judge in that case granted the Kettle Range plaintiffs' motion for summary judgment and enjoined the CNF portion of the Project.
Plaintiffs filed the instant suit on May 25, 2000, asserting that the Federal Defendants, in approving and proceeding with the Project, violated the Administrative Procedures Act ("APA"), NEPA, NFMA, the Clean Water Act ("CWA"), and the regulations implementing these acts. (Compl., Ct.Rec.1.) At the same time, Plaintiffs filed their First Injunction Motion. The Court denied the motion by letter ruling on July 25, 2000. On October 23, 2000, Plaintiffs filed a Second Injunction Motion consisting of a motion to reconsider the letter ruling and a renewed motion for temporary restraining order and preliminary injunction. The Court denied the second motion and set forth its rationale for both rulings in its December 6, 2000, Order Denying Plaintiffs' Motion and Renewed Motion for Temporary Restraining Order and Preliminary Injunction, (Ct.Rec.92). Plaintiffs appealed. On ...
To continue reading
Request your trial-
Sierra Club v. U.S. Forest Service, Civil Action No. 1:03-cv-1230-ODE.
...269 F.3d 974, 984-85 (9th Cir.2001); Northwest Tissue Ctr. v. Shalala, 1 F.3d 522, 530-31 (7th Cir.1993); The Lands Council v. Vaught, 198 F.Supp.2d 1211, 1241 (E.D.Wash.2002). But see Bastek v. Fed. Crop Ins. Corp., 145 F.3d 90, 94-95 (2nd Cir.1998). The Court elects to do so in the case o......
-
Habitat Educ. Center, Inc. v. Bosworth
...to alter the program to lessen cumulative impacts and must rely on some quantified or detailed information." Lands Council v. Vaught, 198 F.Supp.2d 1211, 1245 (E.D.Wash.2002). Without quantified or detailed information, "neither the courts nor the public, in reviewing the Forest Service's d......
-
Habitat Educ. Center, Inc. v. Bosworth
...to alter the program to lessen cumulative impacts and must rely on some quantified or detailed information." Lands Council v. Vaught, 198 F.Supp.2d 1211, 1245 (E.D.Wash.2002). Without quantified or detailed information, "neither the courts nor the public, in reviewing the Forest Service's d......
-
DINE CITIZENS AGAINST RUINING OUR ENV. v. Klein
...59, 62 (10th Cir.1978), overruled on other grounds by Village of Los Ranchos v. Marsh, 956 F.2d 970 (1992)); Lands Council v. Vaught, 198 F.Supp.2d 1211, 1241 (E.D.Wash.2002); Greenspon v. Fed. Highway Admin., 488 F.Supp. 1374, 1377-78 In their Fourth Claim for Relief, Plaintiffs allege OSM......