Western Watersheds Project v. Bureau of Land Management

Filing 221

CASE MANAGEMENT ORDER (Second Phase of Litigation). 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 (krb)

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

Case No. 4: 08-CV-435-BLW
CASE MANAGEMENT ORDER
(SECOND PHASE OF LITIGATION)

KEN SALAZAR, Secretary,
DEPARTMENT OF THE INTERIOR, an
agency of the United States, and BUREAU
OF LAND MANAGEMENT,
Defendants.

The Court's staff held a telephone conference with all counsel on March 6,
2013, to review the Proposed Litigation Plans submitted by each side. After
reviewing those plans, the Court finds that the second phase of this litigation will
focus on two issues: (1) The adequacy of the final grazing decisions and
environmental analyses on the Jim Sage Mountain Area allotments (including the
Jim Sage, Cassia Creek, Almo-Womack, and Chokecherry allotments); and (2) The
propriety of the BLM's invocation of the grazing rider to excuse compliance with
NEPA and FLPMA for a number of permits. With regard to this second issue, the
Case Management Order - 1

parties shall identify a test group of rider permits that are representative of the
whole and that can be tested by summary judgment.
The Court will leave the briefing schedule up to counsel. The Court will
direct counsel to meet together and work out a schedule that accommodates the
schedules of counsel, and submit it to the Court for approval.
DATED: March 8, 2013

B. LYNN WINMILL
Chief Judge
United States District Court

Case Management Order - 2