Klamath Siskiyou Wildlands Center et al v. Bureau of Land Management

Filing 67

ORDER: . The Court adopts Judge Clarke's Report and Recommendation. Plaintiffs' Motion for Summary Judgment 31 , is granted in part and denied in part. Defendants' Motion for Summary Judgment 34 , is granted in part and den ied in part. Defendant-Intervenor's Motion for Summary Judgment 33 , is granted in part and denied in part. Plaintiffs' Request for Judicial Notice 52 , is denied. The BLM's Lower Grave timber sale decision is remanded to the BLM for consideration of a reasonable range of alternatives under NEPA. Signed on 7/2/2019 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

KLAMATH SISKIYOU
WILDLANDS CENTER;
OREGON WILD; CASCADIA
WILDLANDS,
Plaintiffs,
v.

No. 1:17-cv-00997-CL
ORDER

BUREAU OF LAND
MANAGEMENT; INTERIOR
BOARD OF LAND APPEALS,
Defendants.
and
MURPHY COMPANY,
Intervenor-Defendant
_______________________________________
McSHANE, District Judge.
Magistrate Judge Mark D. Clarke has filed a Report and Recommendation, ECF No. 57.
Plaintiffs have filed a partial objection, ECF No. 59, to which Defendants and IntervenorDefendant have filed responses. ECF Nos. 63, 64. Defendants and Intervenor-Defendants have
also separately filed partial objections, ECF Nos. 60, 61, and Plaintiffs have filed a response. ECF

Page 1 – ORDER

No. 62. The Court has reviewed the file of this case de novo. 28 U.S.C. § 636(b)(1); McDonnell
Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
The Court has given this matter de novo review and finds no error. Accordingly, the Court
ADOPTS the Report and Recommendation. Plaintiffs’ Motion for Summary Judgment, ECF No.
31, is GRANTED in part and DENIED in part. Defendants’ Motion for Summary Judgment, ECF
No. 34, is GRANTED in part and DENIED in part. Defendant-Intervenor’s Motion for Summary
Judgment, ECF No. 33, is GRANTED in part and DENIED in part. Plaintiffs’ Request for Judicial
Notice, ECF No. 52, is DENIED. The BLM’s Lower Grave timber sale decision is REMANDED
to the BLM for consideration of a reasonable range of alternatives under NEPA.
It is so ORDERED and DATED this 2nd day of July, 2019.

s/Michael J. McShane

MICHAEL McSHANE
United States District Judge

Page 2 – ORDER