ELR Citation: 53 ELR 20097
No(s). CV 21-105-M-DLC (D. Mont. Jun 26, 2023) (Christensen, J.)

A district court adopted a magistrate judge's findings and recommendations to grant in part and deny in part cross-motions for summary judgment in a lawsuit concerning the Forest Service's approval of a vegetation management project in the Kootenai National Forest. An environmental group had argued, among other things, that the Forest Service and FWS violated the ESA by failing to conduct a lawful cumulative effects analysis with respect to the grizzly bear and by failing to comply with the Act's procedures with respect to the Canada lynx; and violated NEPA by failing to prepare an EIS. The magistrate judge recommended granting summary judgment for the group as to those two claims, and granting summary judgment for the Services as to all other claims. The court adopted the recommendations in full, enjoined the Services from implementing the project, and remanded to both agencies to address the deficiencies identified.