VALLEY COUNTY, IDAHO v. U.S. DEPT. OF AGRICULTURE

Civil Action Nos. 1:11-cv-233-BLW, 1:09-cv-275-BLW.

998 F.Supp.2d 919 (2014)

VALLEY COUNTY, IDAHO, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, an agency of the United States; Tom Vilsack, in his capacity as Secretary of Agriculture of the United States; United States Forest Service, an agency within the Unites States Forest Department of Agriculture; Tom Tidwell, in his capacity as Chief of the United States Forest Service; Harvey Forsgren, in his capacity as Regional Forester for the Intermountain Region of the United States Forest Service; Brent L. Larson, in his capacity as Forest Supervisor of the Caribou-Targhee National Forest; and Keith Lannom, in his capacity as Forest Supervisor for the Payette National Forest, Defendants. Idaho Recreation Council, an Idaho non-profit corporation; Chris and Lois Schwarzhoff, husband and wife, Plaintiffs, v. United States Forest Service, a federal agency within the Department of Agriculture; Suzanne C. Rainville, Forest Supervisor, Payette National Forest; and Brant Petersen, District Ranger, Krassel Ranger District, Payette National Forest, Defendants.

United States District Court, D. Idaho.

Signed February 11, 2014.


Attorney(s) appearing for the Case

Jay J. Kiiha , Cascade, ID, David R. Lombardi , Preston N. Carter , Givens Pursley LLP, Daniel V. Steenson , David P. Claiborne , Sawtooth Law Offices, PLLC, Boise, ID, for Plaintiffs.

Julia Sharon Thrower , U.S. Department of Justice, San Francisco, CA, Syrena Case Hargrove , U.S. Attorney's Office, Boise, ID, for Defendants.


MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, Chief Judge.

INTRODUCTION

The Court has before it cross-motions for summary judgment. The Court heard oral argument on December 11, 2013, and took the motions under advisement. For the reasons expressed below, the Court will grant each motion in part. The Court finds that (1) the 2007 EIS and 2008 ROD violate NEPA; (2) the 2010 EA/FONSI does not violate NEPA; and (3) the parties should attempt to reach...

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