ELR Citation: ELR 20075
No(s). CV-04-372-E-BLW (D. Idaho Apr 13, 2006)

A court holds that regulations promulgated in 1982 require the U.S. Forest Service to maintain the viability of the sage grouse as a management indicator species for the Curlew National Grassland. Although the 1982 regulations were rescinded by regulations taking effect in 2005, the Curlew continues to be governed by the 1982 regulations. The long range management plan (LRMP) for the Curlew was prepared under the 1982 regulations; therefore, the 1982 regulations apply until a new LRMP is passed under the 2005 regulations. The Forest Service cannot dilute its management indicator species obligations by passing new regulations without also amending the LRMP that relied on the greater obligations.