California Resources Agency, et al. v. United States Department of Agriculture, et al. consolidated with Center for Biological Diversity, et al. v. United States Department of Agriculture, et al.
Published: Jan. 15, 2011 | Result Date: Dec. 15, 2010 | Filing Date: Jan. 1, 1900 |Case number: 08-cv-01185-MHP and 08-cv-03884-MHP Settlement – Equitable Agreement
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Facts
In 2005, the U.S. Forest Service revised management plans for four national forests located in Southern California, allocating over 900,000 roadless acres for potential road construction or other development. The forests were home to condors, arroyo toads, steelhead trout, and other rare and endangered species.
In 2008, seven conservation groups challenged the plans, and in 2009, a federal district court ruled that the plans violated the National Environment Policy Act. The conservation groups included the Center for Biological Diversity, Los Padres ForestWatch, Sierra Club, Defenders of Wildlife, California Native Plant Society, California Wilderness Coalition, and The Wilderness Society. The parties then agreed to discuss settling the remedy.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that the plans did not consider cumulative damage to forests due to road, trail, and unauthorized route creation in untouched roadless locations. Plaintiff also claimed that plans did not properly consider an alternative developed by conservation groups that would protect biological diversity.
Result
The parties entered into a settlement protecting over 1 million acres of roadless terrain. According to the settlement, the Forest Service agreed to consider recommending many of the Southern California roadless areas for permanent protection as wilderness. The parties agreed to identify priority restoration projects in roadless areas, including damaging roads and trails. Further, the agency agreed to protect Southern California roadless areas from harmful activity, including activity that could prevent a recommendation as wilderness in the future.
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