ELR Citation: ELR 20148
No(s). s. 07-151, -241 (D. Idaho Jun 13, 2007)

A district court denied a sheep herder's motion to temporarily restrain or preliminarily enjoin a U.S. Forest Service order prohibiting the herder from allowing its sheep to graze on portions of the Hells Canyon National Recreation Area. The Forest Service based its decision on the ground that domestic sheep transmit fatal disease to bighorns. The herder argued this was arbitrary because it had agreed to 13 restrictions on grazing that would have prevented any contacts between bighorns and the sheep, but the Forest Service cited to evidence that those restrictions have not worked in the past. The herder also argued that it was entitled to more notice. The regulations, however, allow an exception to the notice requirements for emergencies and management needs. Here, there is substantial evidence of a real emergency, as the bighorn die-offs are dramatic, and domestic sheep stand accused by the overwhelming majority of experts examining the die-offs. Consequently, the herder is not likely to prevail on its claims, and its motions were denied.