Center for Sierra Nevada Conservation, Center for Biological Diversity and Forest Issues Group v. United States Forest Service and Ramiro Villalvazo
Published: Oct. 6, 2012 | Result Date: Jul. 31, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2:2009-cv-02523 Bench Decision – Some Routes Reopened
Facts
The Center for Sierra Nevada Conservation et al., filed suit against the U.S. Forest Service regarding off-highway vehicle routes in the Eldorado National Forest. The court ruled that the Forest Service failed to comply with the National Forest Management Act when it designated portions of routes thorough meadows as open for public motor vehicle use and also failed to comply with the Endangered Species Act by failing to evaluate impacts to all red-legged frog habitats including ephemeral streams in riparian conservation areas.
In 2011, the court provided interim relief that extended seasonal closures and ordered approximately 90 miles of the 42 routes that cross meadows to be closed to motorized use and in 2012 the court provided final relief extending the closures of the 42 routes until new NEPA review is completed.
During the 14 months between the summary judgment decision and issuance of the final judgment, the Forest Service remedied the ESA violations found by the court.
Result
The court found that the U.S. Forest Service had remedied its violations and no further action was required. It ordered that parts of 42 routes that did not intersect meadows be opened.
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