Sawtooth Mountain Ranch LLC v. U.S. Forest Serv.
| Decision Date | 13 June 2019 |
| Docket Number | Case No. 1:19-cv-0118-CWD |
| Parties | SAWTOOTH MOUNTAIN RANCH LLC, LYNN ARNONE, and DAVID BOREN, Plaintiffs, v. UNITED STATES FOREST SERVICE; SAWTOOTH NATIONAL FOREST; JIM DEMAAGD, Forest Supervisor; SAWTOOTH NATIONAL RECREATION AREA; KIRK FLANNIGAN, Area Ranger, Defendants. |
| Court | U.S. District Court — District of Idaho |
(DKT. 11)
Pending before the Court is an expedited motion for a preliminary injunction filed by Plaintiffs Sawtooth Mountain Ranch LLC, Lynn Arnone, and David Boren against Defendants United States Forest Service, Sawtooth National Forest, Sawtooth National Recreation Area, Forest Supervisor Jim DeMaagd, and Area Ranger Kirk Flannigan. (Dkt. 11.) Plaintiffs challenge the approval of and any actions associated with the proposed Stanley to Redfish Trail ("Stanley/Redfish Trail"), as described in the Decision Memo signed by Mr. Flannigan on June 6, 2017.1 The proposed Stanley/Redfish Trail will include a segment of over one mile that crosses private property owned by Plaintiffs. In their motion, Plaintiffs ask the Court to halt construction of the trail, which is currently set to begin on June 17, 2019.
The parties had a full and fair opportunity to provide briefing supported by affidavits. (Dkt. 6, 7.) Defendants submitted also the Administrative Record (AR). (Dkt. 14.) And, the Idaho Conservation League submitted an Amicus Curiae brief and the accompanying declaration of John Robison in support of the U.S. Forest Service's proposal for the Stanley/Redfish Trial. (Dkt. 18.)
The Court conducted a hearing on June 3, 2019, at which the parties appeared and presented their arguments.2 After carefully considering the parties' arguments, written memoranda, exhibits, the Administrative Record, and relevant case law, and for the reasons that follow, the Court will deny the motion for preliminary injunction.
Plaintiffs own or have ownership-related interests in real property in Custer County, Idaho, adjacent to the southern end of the town of Stanley, and westward of State Highway 75, in a contiguous parcel including all or part of Sections 4, 5, 8, 9, 10, 15, 16and 17 of T.10 N., R. 13 E., Boise Meridian ("Property"). The Property is located within the Sawtooth National Recreation Area (SNRA), and consists of approximately 1,781.07 acres. Decl. of Boren ¶ 3. (Dkt. 11-2.)
The SNRA is located in south-central Idaho, covering more than 756,000 acres. (AR 1127.) The SNRA is a Congressionally-designated special area, created in 1972 "to assure the preservation and protection of the natural, scenic, historic, pastoral, and fish and wildlife values and to provide for the enhancement of the recreational values associated therewith ...." 16 U.S.C. § 460aa. Redfish Lake and Little Redfish Lake are popular summer destinations located within the SNRA six miles south of the town of Stanley. (AR 1127.) State Highway 75 connects Redfish Lake to Stanley, with high speed traffic and heavy summer traffic volumes. (AR 1128.) There currently is no alternative transportation route connecting Stanley and Redfish Lake. (AR 1128.)
In the early to mid-1990's, SNRA staff began discussing the idea of constructing a trail connecting Stanley and Redfish Lake to provide an alternate means of travel between the two areas. (AR 1126.) At that time, the Forest Service envisioned a trail that would provide non-motorized travel, and serve pedestrians, bicyclists, and equestrians. (AR 0938.) In 2005, the Forest Service purchased a 30-foot-wide "Public TrailEasement" from the prior owners of the Property to connect the proposed trail route between Stanley and Redfish Lake. (AR 0698.)3
The Public Trail Easement, which is part of a comprehensive Conservation Easement Deed, states:
Decl. of Boren Ex. A. (Dkt. 11-2 at 22.) (AR 0833.)
In 2012, the Forest Service initiated internal scoping to review the potential trail connecting Stanley and Redfish Lake (see, e.g., AR 1126), and in early 2014, began external scoping to solicit feedback on the proposed project. (AR 0921.) As part of thisprocess, a survey was conducted, confirming that "overall public opinion is greatly in support of a trail between Stanley and The Redfish Lake area." (AR 1048.)
As part of the scoping process, the Forest Service released a Notice of Proposed Action ("Proposed Action") for the Stanley/Redfish Trail to the public in February of 2014. See, Boren Decl. at ¶¶ 17-19; Exhibits F-H. According to the Proposed Action, the Stanley/Redfish Trail would be about 4.4 miles long, of which about 1.5 miles would traverse the Property, and would Proposed Action (Boren Decl. Ex. G) at 2. A "natural surface" was proposed on about 1.2 miles of the trail, with the remainder to consist of "angular gravel" up to several inches "above adjacent grade," and the trail would be classified as a Trail Class 4 structure under the Forest Service trail classification system. Id.4 The trail location and alignment were depicted in a map dated February 21, 2014. Boren Decl. Ex. H.
Plaintiffs acquired the Property5 in the fall of 2016, and were aware of the May 10, 2005 Conservation Easement Deed when they purchased the Property. Decl. of Boren ¶8; Ex. A. Forest Service Area Ranger Kirk Flannigan contacted Mr. Boren by letter dated November 30, 2016, to ensure he was aware of the proposed construction. (AR 0001.)
After completing internal and external scoping, the Forest Service on June 6, 2017, authorized construction of the Stanley/Redfish Trail without further environmental analyses pursuant to a Categorical Exclusion. (AR 0296 - 0304.) SNRA Ranger Kirk Flannigan signed the June 6, 2017 Decision Memo on behalf of the Forest Service. The Decision Memo explains that public feedback on the Proposed Action was received in several ways, through surveys circulated by the City of Stanley and the Forest Service, at a public meeting attended by approximately 25 people, and through sixteen (16) written comments. Decision Memo at 9-10. (AR 0296 - 0304.) The Decision Memo approved construction of the Stanley/Redfish Trail, essentially as presented in the Proposed Action, including the location and alignment of the trail depicted in the Proposed Action released to the public in February of 2014. Id. at 2.
Plaintiffs did not comment on the Proposed Action, as they did not acquire the Property until the fall of 2016, and were not aware of the 2014 Proposed Action or associated documents. Defendants contend, however, that the Forest Service personallyinformed Plaintiffs of the Proposed Action, and that it had been listed continuously in the Sawtooth National Forest Schedule of Proposed Actions since January 1, 2014.6
On April 12, 2018, the Forest Service entered an intra-agency agreement with the Western Federal Lands Highway Division of the United States Department of Transportation to design the trail. Declaration of Matthew Phillips ("Phillips Decl.") ¶ 5. (Dkt. 17-3.) In July of 2018, Western Federal Lands Highway Division solicited bids for the project and project was awarded in September of 2018 to Hobble Creek Services, LLC. Id. ¶ 6.
During the bid solicitation process, SNRA Landscape Architect Matthew Phillips communicated with David Boren. The first communications between Phillips and Boren regarding the Stanley/Redfish Trail occurred in mid-2018. The two met on the Property in July, when they "walked part of the proposed route, [and] shared views about the best location and manner of constructing the trail." Boren Decl. at ¶ 13. Boren expected that the next step would be a revised proposal from the Forest Service that would be "less damaging to the land, the wetlands, and the scenic beauty of the area, while providing a better and more enjoyable trail for the allowed uses." Id. However, by letter dated November 26, 2018, the Forest Service informed Boren that "[t]he Sawtooth NRA plansto proceed with developing the trail, in its entirety as proposed." Boren Decl. at 15 and Ex. E at 2.
On March 19, 2019, the SNRA contacted Boren by email to discuss the SNRA's plans for beginning construction on the Stanley/Redfish Trail. Boren Decl. at ¶ 23. During a follow up telephone call with Phillips on April 2, 2019, Boren reiterated his concerns about the excessive construction of the trail, his view that the project involved activity beyond the scope of the easement, and noted that the alignment of the trail as presented to the public and approved in the Decision Memo deviated from the boundaries of the deeded easement and would trespass across the Property. Id. at ¶ 24. Area Ranger Kirk Flannigan, on behalf of the SNRA, responded in writing on April 9, 2019, characterizing the decision document maps as a "graphic," depicting the trail location as a "general illustration," and acknowledging that "[t]he illustration of the trail alignment in the [Decision Memo] does not exactly follow the...
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