Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Alliance for WildRockies v. Bradford

United States Court of Appeals, Ninth Circuit

May 17, 2017

Alliance for the WildRockies, Plaintiff-Appellant,
v.
Paul Bradford, Kootenai National Forest Supervisor; Faye Krueger, Regional Forester of Region One of the U.S. Forest Service; United States Forest Service, an agency of the U.S. Department of Agriculture; U.S. Fish and Wildlife Service, an agency of the U.S. Department of Interior, Defendants-Appellees.

          Argued and Submitted October 7, 2016 Seattle, Washington

         Appeal from the United States District Court No. 9:13-cv-00199-DLC for the District of Montana Dana L. Christensen, Chief Judge, Presiding.

          Timothy M. Bechtold (argued), Bechtold Law Firm, Missoula, Montana, for Plaintiff-Appellant.

          Thekla Hansen-Young (argued), John P. Tustin, Robert P. Stockman, and Andrew C. Mergen, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Dana Jacobsen, Office of the Regional Solicitor, United States Department of the Interior, Denver, Colorado; Alan Campbell, Office of the General Counsel, United States Department of Agriculture, Missoula, Montana; for Defendants-Appellees.

          Julie A. Weis, Haglund Kelley LLP, Portland, Oregon, for Amicus Curiae Kootenai Tribe of Idaho.

          Before: William A. Fletcher, Raymond C. Fisher, and N. Randy Smith, Circuit Judges.

         SUMMARY[*]

         Environmental Law

         The panel affirmed the district court's judgment in favor of federal officials and agencies in an action brought by Alliance for the Wild Rockies under federal environmental laws seeking to enjoin the U.S. Forest Service from constructing 4.7 miles of new roads in connection with a Forest Service project in the Kootenai National Forest.

         In 2011, the Kootenai National Forest Plan was amended by the Forest Plan Amendments for Motorized Access Management within the Selkirk and Cabinet-Yaak Grizzly Bear Recovery Zones ("Access Amendments"). Standard II(B) of the Access Amendments prohibited any net permanent increase in certain permanent roads.

         The panel held that the 4.7 miles of roads at issue would not violate the Kootenai National Forest Plan because they would be blocked to prevent motorized access upon completion of the Pilgrim Creek Timber Sale Project. The panel held that it was not arbitrary and capricious for the Forest Service to conclude that roads closed to motorized access by berms or barriers do not count toward "linear miles of total roads" under Standard II(B) of the Access Amendments.

         The panel concluded that because the Forest Service's interpretation of its own Forest Plan was reasonable, Alliance for the Wild Rockies could not prevail on its National Forest Management Act, Endangered Species Act, and National Environmental Policy Act claims.

          OPINION

          W. FLETCHER, Circuit Judge.

         Alliance for the Wild Rockies ("Alliance") brings suit under the National Forest Management Act ("NFMA"), the Endangered Species Act ("ESA"), and the National Environmental Policy Act ("NEPA") to enjoin the U.S. Forest Service ("Forest Service") from constructing 4.7 miles of new roads in connection with a Forest Service project in the Kootenai National Forest. Alliance's claims are premised on the argument that the new roads will create a "net permanent increase[] in linear miles of total roads" in violation of the Access Amendments to the Kootenai National Forest Plan ("Forest Plan"). We hold that the 4.7 miles of roads at issue ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.