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In Western Watersheds v. United States Forest Service, (2012) 2012 U.S. Dist. LEXIS 45573, petitioners challenged the Forest Service’s alleged practice of reauthorizing livestock grazing on federal land without conducting the proper environmental review under the National Environmental Policy Act (“NEPA”). The court concluded that the actions by the Forest Service in connection with the Big Ridge categorical exclusion and Mendocino categorical exclusion decision memos were arbitrary and capricious in certain respects and failed to take the “hard look” required by NEPA. Rather than entering summary judgment, the court directed the parties to confer regarding whether it would be more appropriate for the court to retain jurisdiction while the Forest Service complied with NEPA.

Written By: Tina Thomas and Chris Butcher
For questions relating to this blog post or any other California land use, environmental and/or planning issues contact Thomas Law Group at (916) 287-9292.

The information presented in this article should not be construed to be formal legal advice by Thomas Law Group, nor the formation of a lawyer/client relationship. Readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

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