ELR Citation: 50 ELR 20191
No(s). 1:19-CV-445-BLW (D. Idaho Aug 11, 2020) (Winmill, J.)

A district court granted summary judgment for environmental groups in a challenge to the Forest Service's approval of a site-specific project involving restoration activities in Payette National Forest. The groups initially argued that the project violated the National Forest Management Act (NFMA) by deviating from the forest's management plan in designating certain land to be managed for landscape restoration that was previously managed for commodity production. The Ninth Circuit had agreed, concluding that the site-specific project's redesignation of land deviated from the standards, guidelines, and desired conditions set forth in the forest-wide plan in violation of NFMA, and had remanded to the Service. The Service responded by issuing a 2019 final EIS and record of decision (ROD) that did not change the project but purported to provide the explanation required by the appellate court and the management plan. The groups subsequently filed a motion for summary judgment, arguing that the EIS and ROD failed to satisfy the court's and plan's concerns. The district court found the explanation conceded that the project violated the management plan and failed to explain how the switch from commodity production to landscape restoration would meet the goals set forth in the plan. It therefore granted summary judgment for the groups.