Western Watersheds v. Bennett, et al

Filing 534

MEMORANDUM DECISION & ORDER The motion for relief from judgment (docket no. 517 ) is GRANTED IN PART AND DENIED IN PART. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
WESTERN WATERSHEDS PROJECT
Plaintiff,
v.

Case No. 1:04-CV-181-BLW

STEVEN ELLIS, Director, Idaho State
Office, Bureau of Land Management; RICK
VANDERVOET, Jarbidge Field Manager,
BLM; BUREAU OF LAND MANAGEMENT,
an agency of the United
States,
Defendants.

MEMORANDUM DECISION
AND ORDER

MEMORANDUM DECISION
Simplot filed a motion to allow grazing to continue on the Grassy Hills and Camas
Slough allotments under the terms of Interim Grazing Management Plans (IGMPs) that
currently govern grazing on these two allotments but are due to expire. WWP filed a
response stated that it “will not oppose an extension of the Interim Grazing Management
Plans on the Camas Slough and Grassy Hills allotments until either the U.S. Fish and
Wildlife Service has issued its ESA listing decision for the greater sage grouse or until
September 30, 2015, whichever comes first.” See Response Brief (Dkt. No. 521) at p. 9.
Simplot replies that WWP’s limitation on the duration of the extension is unreasonably
short.
This Court has previously extended IGMPs until the Jarbidge Resource Area
(JRA) has completed the environmental reviews for those allotments, as part of its
Memorandum Decision & Order – page 1

ongoing project to review each allotment in the JRA. See Memorandum Decision (Dkt.
No. 505). The Court can find no reason to depart from that decision. That conclusion has
two consequences for the parties. The Court will reject WWP’s argument that the
duration of the extension should be shorter than that imposed by the decision. And the
Court will reject Simplot’s argument that the terms and conditions governing grazing set
forth in that decision should be modified. In sum, the Court reconfirms its prior decision.
ORDER
In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion for relief from
judgment (docket no. 517) is GRANTED IN PART AND DENIED IN PART. It is
granted to the extent it seeks an extension of the Interim Grazing Management Plans for
the Camas Slough and Grassy Hills allotments along the terms set forth in the
Memorandum Decision (docket no. 505). It is denied to the extent it seeks to modify the
terms and conditions set forth in that decision.

DATED: September 29, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Memorandum Decision & Order – page 2