664 F. App'x 674
9th Cir.2016Background
- Alliance for the Wild Rockies and Native Ecosystems Council ("Alliance") challenged the Forest Service’s Cabin Gulch Vegetation Project in Helena National Forest under the ESA, NFMA, and NEPA, seeking injunctive relief.
- The district court granted summary judgment to the Forest Service on all claims except it enjoined the Project for a Section 7 ESA violation; the Forest Service later remedied the ESA deficiency and sought dissolution of the injunction.
- The Forest Service relied on specified scientific studies (Christensen and Hillis) and road-usage-based habitat calculations to assess impacts on elk habitat and cumulative effects in the Final EIS/ROD.
- The Forest Service used 1982 procedures (permitted by the 2000 regulations) to amend the Forest Plan and implemented the Project after public notice and NEPA procedures.
- The Forest Service and FWS concluded grizzly bears were not present in the Project area after investigating unverified sightings; Alliance relied on linkage/corridor studies but produced no probative field-validated evidence.
- The Ninth Circuit reviewed the agency actions under the APA standard and affirmed the district court’s dissolution of the injunction, holding the Forest Service’s actions were not arbitrary and capricious.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| NFMA — adequacy of scientific basis for elk habitat/security conclusion | Agency ignored relevant science and miscalculated habitat impacts | Relied on best available science (Christensen, Hillis); no record of ignoring other data | Court: Not arbitrary/capricious; NFMA satisfied |
| Validity of Forest Plan Amendment procedures | Amendment was inconsistent / improperly adopted | 2000 regs permit use of 1982 amendment procedures; procedures followed | Court: Amendment complied with NFMA and procedures |
| NEPA — cumulative impacts and road-density disclosures | EIS failed to fully analyze cumulative effects; road densities inaccurate | EIS addressed spatial/temporal boundaries and past activities; road densities disclosed and based on usage | Court: Analysis adequate; not arbitrary/capricious |
| ESA Section 7 — grizzly presence and consultation | Grizzlies may use linkage corridors and "may be present"; FWS/FS erred | Investigated unverified sightings; species list and field checks showed no presence in action area | Court: Determination that grizzlies are not present was not arbitrary/capricious; injunction dissolution affirmed |
Key Cases Cited
- Native Ecosystems Council v. U.S. Forest Serv., 428 F.3d 1233 (9th Cir.) (APA standard and review of Forest Service NFMA compliance)
- W. Watersheds Project v. Kraayenbrink, 632 F.3d 472 (9th Cir.) (review standard for ESA claims under the APA)
- Great Old Broads for Wilderness v. Kimbell, 709 F.3d 836 (9th Cir.) (deferential review of agency scientific and technical judgments)
- Native Ecosystems Council v. Weldon, 697 F.3d 1043 (9th Cir.) (deference to Forest Service interpretation and implementation of its forest plan)