Forest Service Employees for Environmental Ethics v. United States Forest Service et al

Filing 51

ORDER that the parties' motions for summary judgment are granted in part and denied in part, granting Defendants' 46 MOTION to Strike the Second Johnston Declaration, summary judgment is granted for Defendants 30 Cross MOTION for Summar y Judgment and against plaintiff on Count VI, granting summary judgment for plaintiff as to 22 MOTION for Summary Judgment and against defendants on Counts I, II, III, IV and V; The Environmental assessment and biological opinions are set aside and remanded for further proceedings consistent with the law; IT IS FURTHER ORDERED that on remand, the Forest Service shall complete consultation with the ESA agencies, complete the NEPA process and issue a final decision no later than 12/31/2011; IT IS FURTHER ORDERED that plaintiff's request for additional briefing regarding the appropriate remedy is denied. Signed by Judge Donald W. Molloy on 7/27/2010. (BAW, )

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