Klamath Siskiyou Wildlands Center et al

Filing 40

ORDER: Adopting Report and Recommendation 32 ; Denying Plaintiffs' Motion for Summary Judgment 12 ; Granting Defendant's Cross-Motion for Summary Judgment 14 . Defendant's motion to strike 19 is granted in part and denied in part. Signed on 2/6/2014 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
KLAMATH SISKIYOU WILDLANDS
CENTER, et al.,

No. 1:12-cv-1558-CL
ORDER

Plaintiffs,

v.
BUREAU OF LAND MANAGEMENT,
Defendant.

PANNER, District Judge:

Plaintiffs claim that the U.S. Bureau of Land Management
(BLM) violated the National Environmerytal Policy Act

(NEPA) by

approving the MC Thin Timber Sale, which woulc;l allow logging on
about 180 acres in the Little Butte Creek Key Watershed .
. The parties filed cross-motions for summary judgment.

1

- ORDER

Defendant moved to strike extra-record material.

Magistrate

Judge Mark D. Clarke issued a Report and Recommendation,
recommending that this action be dismissed and that defendant's
motion to strike be granted ih part and denied in part.
Plaintiffs object to the Report and Recommendation, so I
have reviewed this matter de novo.

28 U.S.C.

§

636(b) (1);

McDonnell Douglas Corp. v. Commodore Bus. Mach.,· Inc.,
1309, 1313 (9th Cir. 1981).

656 F. 2d

I adopt the thorough and well-

reasoned R&R.
'CONCLUSION

The Report and Recommendation (#32) is adopted.
motion for summary judgment (#12) is denied.
motion for summary judgment (#14) is granted.

Defendant's crossDefendant's motion

to strike (#19) is granted in part and denied in part.
IT IS SO ORDERED.

DATED this

day of February, 2014.

OWEN M. PANNER
U.S. DISTRICT JUDGE

2

- ORDER

Plaintiffs'