Native Ecosystems Council v. Marten, No. 16-35571 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's grant of the Forest Service's motion to dissolve an injunction enjoining the Lonesome Wood 2 Project. The Project was designed to reduce the threat of wildfire in a populated area of the Gallatin National Forest in Montana. The panel declined to overrule the Forest Service's determination that a thesis outlining important predictors for overall lynx reproductive success did not require the Forest Service to reevaluate its approval of the project. The panel rejected the argument that the Forest Service failed to comply with the obligation to ensure species viability and that the Forest Service failed to comply with its Gallatin Forest Plan obligation to monitor population trends for two management indicator species. Finally, the panel held that the Forest Service took a "hard look" at the project and did not act arbitrarily or capriciously.
Court Description: Environmental Law. The panel affirmed the district court’s summary judgment order and order dissolving an injunction in an action challenging the United States Forest Service’s proposed Lonesome Wood Vegetation Management 2 Project, designed to reduce the threat to wildlife in a populated area of the Gallatin National Forest in Montana. Environmental groups brought suit to enjoin the project, contending that it violated the Endangered Species Act (“ESA”), the National Forest Management Act (“NFMA”), the National Environmental Policy Act, and the Administrative Procedure Act. The NFMA requires that all national forests operate under land and resource management plans, or “Forest Plans.” The district court initially enjoined the project but eventually granted the Forest Service’s motion to dissolve the injunction. NATIVE ECOSYSTEMS COUNCIL V. MARTEN 3 In 2000, Canada lynx were listed as a threatened species under the ESA; and in 2007, the Lynx Amendments were adopted to govern the management of Canada lynx habitat, and then incorporated into the forest plans for national forests, including the Gallatin National Forest. Concerning plaintiffs’ challenge to an exemption contained in the 2007 Lynx Amendments to the Gallatin National Forest Plan, the panel declined to overrule the Forest Service’s determination that a thesis prepared by Megan Kosterman – outlining important predictors for overall lynx reproductive success – did not require the Forest Service to reevaluate its approval of the project. Concerning plaintiffs’ contention that the Forest Service was in violation of the Gallatin National Forest Plan, the panel rejected the argument that the Forest Service failed to comply with the obligation to ensure species viability. The panel also rejected the argument that the Forest Service failed to comply with its Gallatin Forest Plan obligation to monitor population trends for two management indicator species. Finally, the panel also rejected plaintiffs’ challenges under the National Environmental Policy Act. The panel concluded that the Forest Service took a “hard look” at the project, and did not act arbitrarily or capriciously. 4 NATIVE ECOSYSTEMS COUNCIL V. MARTEN
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