Western Watersheds Project et al v. Bureau of Land Management et al
Filing
22
MEMORANDUM DECISION granting 18 BLM's Motion to Dismiss. The final Judgment shall contain an injunction banning further grazing on the Partridge Creek allotment until the BLM has completed its environmental analysis, granted permission to graz e to Carlson, and notified WWP that permission tograze has been granted. The bond filed in this case shall be released. 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 cjm)(Emailed to bf and jd in Finance by cjm.)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
WESTERN WATERSHEDS PROJECT,
HELLS CANYON PRESERVATION
COUNCIL and THE WILDERNESS
SOCIETY,
Case No. 4:09-CV-507-BLW
MEMORANDUM DECISION
Plaintiffs,
v.
BUREAU OF LAND MANAGEMENT, and
SECRETARY OF INTERIOR KEN SALAZAR
Defendants.
The Court has before it the BLM’s motion to dismiss. Plaintiff WWP originally
brought this action to halt grazing on the Partridge Creek allotment due to concerns over
disease transmission from domestic sheep to bighorn sheep. The Court issued a
temporary restraining order (TRO) enjoining the BLM from authorizing grazing on the
Partridge Creek allotment pending an evidentiary hearing on the matter.
The BLM then agreed to extend the TRO while the agency completed an
environmental analysis. The only remaining reason to hold the evidentiary hearing was to
allow intervenor Carlson Company – the entity grazing sheep on the Partridge Creek
allotment – to submit evidence on the balance of hardships. When Carlson decided it did
not want to proceed at the hearing, the Court vacated the hearing and the TRO remained
Memorandum Decision & Order - 1
in place pursuant to the agreement of the parties.
No further legal issues remain in this case. The Court will therefore grant the
BLM’s motion to dismiss. The final Judgment shall contain an injunction banning further
grazing on the Partridge Creek allotment until the BLM has completed its environmental
analysis, granted permission to graze to Carlson, and notified WWP that permission to
graze has been granted. At that time, WWP will be free to file a new lawsuit seeking to
enjoin the grazing. The bond filed in this case shall be released. The Court refuses to set
a time limit for the BLM to complete its environmental analysis due to its scientific
complexity and the lack of a record before the Court supporting such a deadline.
The Court will enter a separate Judgment as required by Rule 58(a).
DATED: December 19, 2011
Honorable B. Lynn Winmill
Chief U. S. District Judge
Memorandum Decision & Order - 2
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