Center for Sierra Nevada Conservation, et al., v. United States Forest Service, et al

Filing 112

ORDER signed by Judge Lawrence K. Karlton on 7/30/12: The extension of the seasonal closing of the 42 routes issued by this Court on February 14, 2012 106 is hereby vacated. The Court finds that Forest Service has remedied the Endangered Species A ct ("ESA") violation, and therefore no further action from the Court is necessary as to the ESA. This Court does not retain further jurisdiction of this matter except to consider any claim for attorney's fees and costs. The Court directs the Clerk to enter final judgment in accordance with Fed. R. Civ. P. 58 and 79. (Kaminski, H)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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CENTER FOR SIERRA
CONSERVATION, et al.,

NEVADA )
)
)
Plaintiffs,
)
)
v.
)
)
U.S. FOREST SERVICE, et al.,
)
)
Defendants.
)
)

Case No. 2:09-CV-02523-LKK-JFM
O R D E R

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Having considered the parties’ statements of position and the Federal Defendants’
proposed order, the Court hereby orders as follows:
1.

The 42 routes that intersect meadows and are the subject of this Order are listed in

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Table A attached hereto and incorporated into this Order. The Court hereby sets

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aside and remands for reconsideration in light of the applicable law that portion of the

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Forest Service’s Final Environmental Impact Statement relating to the Riparian

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Conservation Objective (“RCO”) Analysis for RCO #2 Standards and Guidelines

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#100 pertaining to the meadows on the 42 routes listed in Table A.

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2.

Until such time as the Forest Service completes supplemental environmental analysis

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pursuant to the National Environmental Policy Act (“NEPA”) as provided above,

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public wheeled motorized vehicle use of a route listed in Table A that intersects a

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meadow shall be prohibited or limited as described in Table B attached to and

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incorporated into this Order. All other portions of the Forest Service’s decision,

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including the parts of the 42 routes that do not intersect meadows, remain in effect.

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3.

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The extension of the seasonal closing of the 42 routes issued by this Court on
February 14, 2012 (see ECF No. 106, ¶ 4) is hereby vacated.

4.

The Forest Service shall revise its Motor Vehicle Use Map (“MVUM”) consistent
with this Order and incorporate the changes reflected in the 2012 Meadows Maps for
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42 Routes provided to the Court on March 14, 2012 with Federal Defendants’ Brief in

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Support of Proposed Order. Until the revised MVUM is finalized and available for

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public distribution, the Forest Service shall issue an interim Forest Order consistent

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with the 2012 Meadows Maps for 42 Routes and Table B.

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5.

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Nothing in this order prohibits the Forest Service from exercising its authority to
close or restrict uses pursuant to 36 C.F.R. Part 261, Subpart B.

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The Court finds that Forest Service has remedied the Endangered Species Act

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(“ESA”) violation, and therefore no further action from the Court is necessary as to

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the ESA.

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7.

This Court does not retain further jurisdiction of this matter except to consider any

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claim for attorney’s fees and costs. The Court directs the Clerk to enter final

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judgment in accordance with Fed. R. Civ. P. 58 and 79.

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IT IS SO ORDERED.

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DATED: July 30, 2012.

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Table A: 42 Routes with Meadows

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8N23B

9N82

10N14

10NY06

12NY06

17E12

3

8N35

9N83

10N21

11N09A

12NY15

17E16

4

9N01

9N95

10N26

11N22

13N24

17E17

5

9N04

10N01

10N32

11N23F

14N05

17E19

6

9N08

10N03

10N98

11N26F

14N27

17E21

7

9N15

10N06

10NY04

11N70

14N39

17E24

8

9N54

10N13

10NY05

11NY32

14N58

17E28

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Table B: Prohibition of Public Wheeled Motorized Vehicle Use on 42 Routes

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Route

Description

08N23B

Route is used for Prohibit use
general dispersed from first
recreation.
meadow to end
of route.
Route is used for Prohibit use on
general dispersed portion of road
recreation.
within meadow
in Section 18.
Access to Blue
Prohibit use
Lake, Twin
from meadow to
Lake, Meadow
west end of
Lake and
road.
dispersed
camping.
Access to Squaw Prohibit use on
Ridge 4WD trail; portion of route
access to hiking
from meadow
opportunities
near Allen
within the
Ranch to end
western portion
where it
of Mokelumne
connects to
Wilderness.
09N82.

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Portion of Route
Where Use is
Prohibited

Notes

Mileage
of Route

Mileage of
Route Where
Use is
Prohibited

3.35

1.63

1.76

0.01

2.44

0.67

3.46

1.22

14
15
16
17

08N35

18
19
09N01
20
21
22
23
24
25
26
27

09N04

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3

Limits access
to 09N82.

1

Route

Description

Portion of Route
Where Use is
Prohibited

Notes

Mileage
of Route

Mileage of
Route Where
Use is
Prohibited

09N08

Road to Allen
Camp Trailhead
and Stockton
Municipal
Organization
Camp.

0.15

Road to
California
Department of
Fish and Game
land at Leek
Spring.
Secondary
access to Leoni
Meadows.

Meadow is at
beginning of
route. Will
limit access to
Stockton
Municipal
Organization
Camp.
Meadow is at
beginning of
the route.

0.31

09N15

Prohibit use
from meadow
just past Allen
Camp Trailhead
to end at
Stockton
Municipal
Camp.
Prohibit use on
entire route.

0.2

0.2

Prohibit use on
eastern portion
of road on
private land.

Meadow is on
private land.

1.9

0.56

Most of route
11.46
made
inaccessible
due to closures
of connecting
routes and
meadow
crossing at
southern end.
North end of
4.83
route remains
open for
recreation from
Blue Lakes
area. South
end remains
open from Hwy
4 on the
Stanislaus NF.

2
3
4
5
6
7
8
9
10
11
12

09N54

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14
15

09N82

Squaw Ridge
4WD route and
access to western
portion of
Mokelumne
Wilderness.

Prohibit use on
entire route
(north and south
halves) except
for segment on
south end, south
of first meadow
crossing.

09N83

Clover
Valley/Deer
Valley 4WD
route; connector
between Hwy 88
and Hwy 4; route
recognized in
Mokelumne
Wilderness
designation.

Prohibit use on
middle section
of route from
meadow at
section 32 to
meadow in
south portion of
section 8.

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18
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21
22
23
24
25
26
27
28

4

10.66

3.18

1

Route

Description

Portion of Route
Where Use is
Prohibited

Notes

Mileage
of Route

Mileage of
Route Where
Use is
Prohibited

09N95

Route is used for
general dispersed
recreation.
Road provides
access for
dispersed
camping near
Carson Pass
(adjacent to Hwy
88).

Prohibit use on
entire route.

0.45

0.45

0.82

0.82

Access to
Devil’s Gate
Recreation
Residence Tract.
Route is used for
general dispersed
recreation.

Prohibit use
before meadow
on private land.

Meadow is at
beginning of
route.
One meadow is
at western end
of route and
one is east of
dispersed
camping areas.
Prohibit use for
entire route for
management
purposes.
Road ends
before the
private land
boundary.

0.54

0.07

2.21

0.07

7.89

7.26

2.49

2.49

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3
4
5
6

10N01

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8
9
10

Prohibit use on
entire route.

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12
10N03
13
14
15

10N06

16
17
18
19

10N13

20
21
22
23
24
25
26
10N14
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Strawberry 4WD
Trail and portion
of road
connecting
County Road
with Strawberry
4WD Trail.
Significant
recreation
opportunity that
is popular with
multiple user
groups.
Road access to
Bucks Pasture
Trail.

Prohibit use
between
meadow on west
end to
intersection with
10N59.
Prohibit use on
entire route
except for south
end from
County Road
ALP-164 to
meadow at
Schneider
Camp.

Prohibit use on
entire route.

5

Due to
locations of
meadows along
this route, most
of route is
made
inaccessible.
Use is
prohibited on
northernmost
portion for
management
reasons.
Meadow is at
beginning of
route.

1

Route

Description

10N21

Long Canyon
4WD Route.
Popular 4WD
route away from
other dispersed
uses.

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Portion of Route
Where Use is
Prohibited

Notes

Mileage
of Route

3.99

Mileage of
Route Where
Use is
Prohibited
1.58

3.06

3.06

5.19

0.02

1.94

1.94

2.66

1.31

1.27

1.27

1.65

1.65

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5
6
7
8

10N26

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10
11
12
13
14
15

10N32

16
17

10N98

18
19

10NY04

20
21

10NY05

22
23
24
25
26

10NY06

Prohibit use
between
meadow near
border of
sections 4 and 5
to meadow north
of 10NY04E.
Road provides
Prohibit use on
Meadow is near
access to Cody
entire route.
beginning of
Lake Trailhead,
northern end of
trail to Cody
route. Due to
Lake and Cody
locations of
Lake Boy Scout
meadows on
Camp.
other routes,
the remaining
portion of the
route is
inaccessible.
Access for
Prohibit use at
dispersed
meadow
recreation.
crossing in
Section 11.
Route is used for Prohibit use on
Meadow is at
general dispersed entire route.
beginning of
recreation.
route.
Route is used for Prohibit use
Allow use at
general dispersed from meadow at beginning of
recreation.
Long Canyon to road.
west end.
Route is used for Prohibit use on
Meadow is at
general dispersed entire route.
beginning of
recreation.
route.
Connects to
Prohibit use on
Meadow is at
10N26 and
entire route.
beginning of
11N23F in the
route.
vicinity of the
Long Canyon
4WD Route.

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6

1
2

Route

Description

11N09A

Road to Sayles
Canyon
Trailhead.

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4
5
6
7

11N22

8
9

11N23F

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12

Portion of Route
Where Use is
Prohibited

Prohibit use
from first
meadow to west
end.
Route is used for Prohibit use
general dispersed from meadow to
recreation.
southeast end of
road.
North Shanty
Prohibit use
4WD route.
from meadow to
10NY06.

11N26F

Barrett Lake
4WD Trail.

11N70

Access for
dispersed
recreation.

13

Prohibit use on
entire route.

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15
16
17
18
19
20
21
22

11NY32

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24
25
26

12NY06

Prohibit use
where route
crosses
meadows.
Access to Aspen Prohibit use on
Creek Recreation entire route.
Residence Tract.
Route is used for Prohibit use on
general dispersed portion of route
recreation.
from meadow to
intersection with
12NY06A.

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Notes

Mileage
of Route

Allow use at
beginning of
route.

1.98

Mileage of
Route Where
Use is
Prohibited
1.04

Allow use on
first part of
route.

1.99

1.02

Allow use on
3.21
remainder of
route to
connect to
11N23.
Trail has been
5.35
rerouted around
some of the
meadows and
stream
crossing. Most
logical place to
close route is at
the beginning
where there is
already a gate
installed.
5.32

0.27

Meadow is near 0.24
beginning of
the route.
Use allowed on 1.32
either end of
route.

5.35

0.09

0.24

0.21

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Route

Description

Portion of Route
Where Use is
Prohibited

Notes

Mileage
of Route

12NY15

Access road for
dispersed
recreation.

Prohibit use
from ridgeline to
west end of
road.

3.78

13N24

Access to
Rubicon River
and Deer Creek
Trail.

Prohibit use on
portion of road
crossing
meadow.

3.93

0.02

14N05

Road provides
access to
McKinstry Lake
and McKinstry
Hiking trail and
to County
maintained
toilets along
Rubicon 4WD
Trail.
Road provides
access to Bunker
Hill Lookout and
beyond.
Road provides
access to
Richardson Lake
and Sourdough
Hill; popular for
dispersed
recreation.

Prohibit use
from first
meadow
crossing in
Section25 to
eastern end.

Meadow
located near
steep slope.
Prohibit use at
ridgeline to
allow vehicles
to turn around.
Remainder of
road to remain
accessible from
both ends,
allowing
continued
access to
Rubicon River
and Deer Creek
Trail.
Limits access
to 14N58.

Mileage of
Route Where
Use is
Prohibited
2.9

5.02

4.84

8.74

3.45

Connects to
2.53
Rubicon Trail
on Tahoe NF.
Meadow is near
beginning of
route at the
Eldorado
NF/Tahoe NF
boundary.

2.53

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

14N27

22
23
24
25
26
27

14N39

Prohibit use
from meadow at
14N27L to end
of road.
Prohibit use on
entire route.

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8

1

Route

Description

Portion of Route
Where Use is
Prohibited

Notes

Mileage
of Route

14N58

Access for
dispersed
recreation.

Prohibit use on
entire route

1.66

17E12

Motorcycle trail
to Lovers Leap.

Prohibit use on
entire route.

1.55

1.55

17E16

Motorcycle trail Prohibit use on
to Little Round
entire route.
Top, used for
general dispersed
recreation, dead
end.

Route is
inaccessible
due to
prohibition of
use on 14N05.
Meadow at
midpoint on
trail. Prohibit
use on entire
route for
management
reasons.
Made
inaccessible
due to closure
of 10N13.

Mileage of
Route Where
Use is
Prohibited
1.66

2.36

2.36

17E17

Bucks Pasture
Motorcycle trail.

Prohibit use on
entire route.

3.77

3.77

17E19

Allen’s Camp
Motorcycle trail.

Prohibit use on
entire route.

1.97

1.97

17E21

Horse Canyon
Prohibit use on
Trail, motorcycle entire route.
trail from Horse
Canyon
Trailhead at
Highway 88 to
the Squaw Ridge
area.

Made
inaccessible
due to closure
of 10N13 and
10N14.
Meadow near
beginning of
route and
several more
are along route.
Meadow
located near
eastern end of
trail. Prohibit
use on trail for
management
reasons.

5.01

5.01

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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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1

Route

Description

Portion of Route
Where Use is
Prohibited

Notes

Mileage
of Route

17E24

Connects Mud
Lake to Squaw
Ridge Trail.

Both ends of
west portion to
remain
accessible. On
east portion,
meadow is at
beginning of
route.

8.11

17E28

Motorcycle trail
connection
between Mud
Lake and Long
Valley (Bear
River Reservoir
Area).

Prohibit use on
west segment
between
intersection with
Porthole Gap
Road
(NST1724-B) to
a point on other
side of meadow
south of Mud
Lake. Prohibit
use on entire
east portion
from meadow at
Allen Ranch to
northeast end.
Prohibit use on
entire route.

Mileage of
Route Where
Use is
Prohibited
6.67

Route
inaccessible
due to
prohibition of
use on 17E24
and 9N82.

3.81

3.81

135.52

89.03

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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

TOTAL

19
20
21
22
23
24
25
26
27
28
10