ELR Citation: 53 ELR 20137
No(s). CV 22-114-M-DWM and CV 23-3-M-DWM (D. Mont. Aug 17, 2023) (Molloy, J.)

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at the impact on climate change and grizzly bears, and failed to prepare an EIS; and violated the ESA by failing to use the best available science in establishing an environmental baseline for the grizzly bear, failing to consider the population isolation of grizzly bears between two regions, ignoring the negative effects on grizzly bear reproduction in reaching the "no jeopardy" conclusion, and relying on a flawed biological opinion (BiOp). The court found that merely discussing carbon impacts and concluding they would be minor did not equate to a "hard look," that the Forest Service arbitrarily relied on old data to establish the environmental baseline for its grizzly bear analysis, and that it was arbitrary and capricious for the Forest Service to find no significant impact (FONSI) and elect not to prepare an EIS. As to the ESA claims, the court found FWS disregarded biological information indicating an increase in grizzly bear mortality, and that the BiOp on which the Forest Service relied was flawed; but that FWS sufficiently explained its determination that the two populations were not isolated from each other, and that it was not required to consider the project's effects on reproduction of female grizzlies. It vacated the EA, FONSI, and BiOp, and remanded to the Services for further review.