ELR Citation: 41 ELR 20203
No(s). 09-2523 (E.D. Cal. May 26, 2011)

A district court held that the U.S. Forest Service's Public Wheeled Motorized Travel Management Decision for the Eldorado National Forest violated the ESA and the National Forest Management Act. The decision designates specific roads and trails within the forest as open to public motor vehicle use and correspondingly prohibits cross-country motorized travel. Environmental groups filed suit, arguing that the decision leaves too many routes open to vehicle use. The group's primary argument was that the Forest Service was required to first identify a minimum road system under Subpart A of its Travel Management Rule before designating roads for public use under Subpart B of the rule. But the Forest Service may address Subparts A and B in any order, and the groups failed to show that the rule's language compels the court to follow their interpretation. But the groups succeeded on their National Forest Management Act claim since the decision designates routes through meadows in apparent violation of the Sierra Nevada Forest Plan. In addition, the Forest Service failed to adequately consult with the FWS regarding the designation of previously unauthorized routes in violation of ESA §7(a)(2).