United States Ninth Circuit

In an action challenging the Forest Service's approval of a project to update grazing allotments in the Beaverhead-Deerlodge National Forest, summary judgment for defendant is reversed where: 1) because the Forest Service's environmental assessment was based on a nonexistent management indicator species, its habitat proxy analysis was not reliable; and 2) the Forest Service failed to take the requisite "hard look" at the project as required by the National Environmental Policy Act.

Appellate Information

• Argued 11/19/2008
• Decided 03/09/2010
• Published 03/09/2010

Judges

• Before ALEX KOZINSKI, Chief Judge, BETTY B. FLETCHER, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas J. Woodbury, Missoula, MT, on behalf of plaintiff-appellants Native Ecosystems Council, Alliance for the Wild Rockies, and Wildwest Institute.


• For Appellees:
  
• Robert H. Oakley, Washington, D.C., on behalf of defendant-appellees Tom Tidwell, Bruce Ramsey, Mark Petroni, and the United States Forest Service., John E. Bloomquist, Helena, MT, on behalf of intervenor-appellees Sitz Angus Ranch, Gary L. Clark, Moorse Creek Grazing Association, Max L. Robinson Sr., Max L. Robinson, Jr., Montana Stockgrowers Association, and Montana Wool Growers.