Center for Biological Diversity v. Carey

The federal district court for the District of Montana upheld federal defendants’ authorizations for the Clark Fork Face Forest Health and Fuels Reduction Project in the Clark Fork River sub-basin and Garnet Mountain Range east of Missoula, Montana. The court found that the defendants complied with the Endangered Species Act in the consideration of potential effects on grizzly bears, Canada lynx, and bull trout; that the consideration of impacts to Canada lynx was sufficient under the National Environmental Policy Act (NEPA); that the defendants properly considered the project’s consistency with big game standards in the Missoula Resource Management Plan; and that the defendants conducted an adequate analysis of cumulative impacts with respect to other projects. The plaintiffs’ complaint included a NEPA claim that the defendants failed to consider the climate impacts of the removal of trees, but the plaintiffs did not address this issue in their summary judgment briefing, and the court deemed the claim abandoned.

Center for Biological Diversity and four other conservation organizations filed a lawsuit in the federal district court for the District of Montana challenging the U.S. Bureau of Land Management’s (BLM’s) authorization of a project in the Clark Fork River sub-basin and Garnet Mountain Range that would include logging on 8,283 acres, burning on 4,600 acres, and fuels management treatments on 2,146 acres. The complaint asserted violations of the National Environmental Policy Act (NEPA), Administrative Procedure Act, and Federal Land Policy and Management Act. The complaint’s NEPA claims included that BLM failed to take a hard look at the climate impacts of the removal of trees.