Conservation Congress v. United States Forest Service

Filing 47

ORDER signed by Judge Lawrence K. Karlton on September 6, 2013. Plaintiffs motion for summary judgment 17 on the NEPA claim is GRANTED. Defendant is hereby ENJOINED from carrying out any actions pursuant to the Project, other than those already app roved by this court. The matter is REMANDED to the ForestService so that, if it wishes to proceed with the Project, it can consult with FWS on how the Project would affect the Northern Spotted Owl and its Critical Habitat, and unless it obtains the r equired concurrence from FWS, for the preparation of an Environmental Impact Statement. Defendants motion for summary judgment 19 on the NEPA claim is DENIED. Defendants motion for summary judgment on the NFMA claim is GRANTED, and plaintiffs motion for summary judgment on the NFMA claim is DENIED. Defendants motion to strike (ECF No. 22 ), treated as an evidentiary objection, is GRANTED. Civil Case Terminated. CASE CLOSED. (Rivas, A)

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