ELR Citation: 55 ELR 20163
No(s). CV 23-110-M-DWM (D. Mont. Dec 11, 2025) (Molloy, J.)

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to the Forest Service's and FWS' approval of a logging project in Custer Gallatin National Forest. The groups challenged the project's condition-based management approach, where the Forest Service identified areas preliminarily suitable for logging within the project area without identifying the precise location or size of the logging units or the location and configuration of associated roads, arguing it was not possible to assess "true" environmental impacts of the project under NEPA, or determine whether it met statutory or forest plan protections for grizzly bears and lynx under the ESA and National Forest Management Act (NFMA) without identifying specific project activities that will occur. Specifically, the groups argued the Forest Service violated NEPA by failing to take a "hard look" at environmental impacts on grizzly bears and climate change and failing to prepare an EIS; that it violated NFMA by failing to show the project complied with specific forest plan standards governing grizzly bear secure habitat and regenerative habitat for lynx; and that FWS violated the ESA by improperly defining "patch" size for grizzly bear secure habitat, failing to adequately consider effects on grizzly bears in its "no jeopardy" determination, and improperly relying on project design features to mitigate harm. The court found the condition-based management approach did not meet the requirements of NEPA, NFMA, or the ESA because it did not identify the location of the temporary roads and thus did not adequately consider their impact on secure habitat for grizzlies. It granted summary judgment for the groups as to their NEPA claim based on temporary roads, their NFMA claims, and their ESA claims based on patch size and road locations, granted the Services' cross-motion with respect to the other claims, and vacated and remanded the EA and decision notice to the agencies to address the deficiencies.