Alliance for the Wild Rockies v. Vicki Christensen
663 F. App'x 515
| 9th Cir. | 2016Background
- Federal Defendants (Forest Service and FWS) appealed a district court injunction halting two Gallatin National Forest projects (Bozeman Municipal Watershed and East Boulder) ordered for failing to assess effects on lynx critical habitat under the Endangered Species Act (ESA).
- Plaintiffs (Alliance for the Wild Rockies and Native Ecosystems Council) cross-appealed as to whether the projects complied with ESA and NEPA regarding grizzly bear impacts.
- The projects’ habitat analyses relied on a pre-designation version of the Northern Rocky Mountains Lynx Management Direction (Lynx Amendments); FWS later designated additional lynx critical habitat outside that coverage.
- The district court found reinitiation of ESA § 7 consultation was required for the Lynx Amendments and enjoined the projects; it also held the agencies complied with the 2006 Travel Plan Biological Opinion (BO) and incidental take statement for grizzlies, but found monitoring/reporting deficiencies.
- The Ninth Circuit reviewed whether reinitiation was required (lynx), whether injunctive relief was proper, and whether the agencies’ scientific choices and monitoring under the 2006 Travel Plan and project BOs satisfied the APA and ESA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether agencies must reinitiate ESA §7 consultation for Lynx Amendments and projects | Agencies relied on pre-designation Lynx Amendments; reinitiation required because FWS later designated new critical habitat | No reinitiation necessary; prior consultation sufficed | Reinitiation required; Cottonwood controls and agencies must reinitiate consultation |
| Whether injunctive relief was appropriate for alleged ESA violations | Plaintiffs suffer irreparable recreational and aesthetic injury from harm to lynx habitat; injunction needed | Agencies argued injunction improper / district erred in burden-shifting | Injunctive relief affirmed; although court erred in presuming irreparable harm, record shows irreparable injury and injunction was proper |
| Whether 2006 Travel Plan BO used best available science re: grizzly impacts | Plaintiffs argued agency failed to rely on best science (e.g., road-density measures) | Agencies used “secure habitat” standard and reasonably considered road density; scientific discretion warranted | District court correctly found BO used best available science; summary judgment for defendants affirmed |
| Whether project compliance, monitoring, and surrogate measures for grizzly take were adequate | Plaintiffs challenged project-specific effects analysis, monitoring/reporting lapses, and surrogate measures (helicopter logging duration) | Agencies said projects fall within 2006 BO analysis, monitoring occurs annually, and surrogate (144-day helicopter cap) is justified | Court held projects comply with 2006 BO; monitoring claim moot due to later incidental take amendment; surrogate measure for helicopter logging upheld |
Key Cases Cited
- Cottonwood Envtl. Law Ctr. v. U.S. Forest Serv., 789 F.3d 1075 (9th Cir. 2015) (reinitiation required when later critical-habitat designation extends beyond prior consultation coverage)
- W. Watershed Project v. Matejko, 468 F.3d 1099 (9th Cir. 2006) (standard of review for injunctive relief discretionary rulings)
- Amoco Prod. Co. v. Vill. of Gambell, 480 U.S. 531 (U.S. 1987) (traditional preliminary injunction standard not applied to certain ESA claims)
- Tenn. Valley Auth. v. Hill, 437 U.S. 153 (U.S. 1978) (strong injunction precedent under the ESA)
- All. for the Wild Rockies v. Cottrell, 632 F.3d 1127 (9th Cir. 2011) (irreparable injury from recreational use loss supports injunction)
- Ecology Ctr. v. Castaneda, 574 F.3d 652 (9th Cir. 2009) (courts defer to agencies on technical scientific determinations)
- Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (U.S. 1983) (arbitrary and capricious review standard under the APA)
- Friends of the Wild Swan v. Weber, 767 F.3d 936 (9th Cir. 2014) (agencies balance comprehensive analysis with practicality)
- Ariz. Cattle Growers’ Ass’n v. U.S. Fish & Wildlife, 273 F.3d 1229 (9th Cir. 2001) (requirements to reinitiate consultation when take thresholds exceeded)
- Protectmarriage.com-Yes on 8 v. Bowen, 752 F.3d 827 (9th Cir. 2014) (mootness doctrine limits available remedies)