ELR Citation: ELR 20608
No(s). CV-82-42 BU (D. Mont. Mar 12, 1985)

The court holds that the Forest Service, the Bureau of Land Management, and other agencies violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) by failing to comprehensively analyze the effects of oil and gas leasing on the Flathead and Gallatin National Forests. The court first holds that a decision by defendant federal agencies not to prepare an environmental impact statement (EIS) on the effects of oil and gas leases on the Flathead and Gallatin National Forests was unreasonable. Although a stipulation prohibiting surface occupancy covers the entire area of the lease, such a stipulation, which can be modified or removed without an EIS, should not be used as a mechanism to avoid EIS preparation when potential wilderness area is leased. The court holds that a comprehensive analysis of the cumulative impacts of subsequent development activity is required. Defendants' promise of site specific assessments as development proceeds would result in a piecemeal invasion of the forests.

The court next holds that defendants violated the ESA by failing to obtain a comprehensive biological opinion from the Fish and Wildlife Service analyzing post-leasing stages of the oil and gas development. This failure leads to a potential for piecemeal invasion of habitat. The court enjoins further leasing pending compliance with NEPA and ESA.

Counsel for Plaintiffs
Thomas M. France
810 Rollins St., Missoula MT 59801
(406) 543-5581

Robert A. Nelson
Montana Public Service Commission
Highway Bldg., Helena MT 59620
(406) 444-6619

Counsel for Defendants
Perry E. Wallace Jr.
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5395

Robert J. Brooks, Ass't U.S. Attorney
400 North Main St., Butte MT 59701
(406) 585-2341