Legal Opinion
Friends of the Wild Swan v. United States Forest Service
District Court, D. Montana
Decided July 11, 2012No. CV 11-125-M-DWMPublishedCited by 4 opinions
1Opinion of the Court
*1203ORDER
DONALD W. MOLLOY, District Judge.
The plaintiffs challenge the Lolo National Forest’s proposed Colt Summit Project. Both parties move for summary judgment. The respective motions are granted in part and denied in part. The only viable claim presented is the Forest Service’s failure to address past projects or actions in its cumulative effects analysis for lynx: my reasoning is set forth below.
Background
The Environmental Assessment (EA) for the Colt Summit Project proposes, among other things, 2,038 acres of commercial and non-commercial vegetation management, restoration of four miles of…
2Cases cited31 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- American Trucking Associations, Inc. v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2009
- The Lands Council v. McNairCourt of Appeals for the Ninth Circuit · 2008
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3Cited by4 opinions
- Friends of the Wild Swan v. Chip WeberCourt of Appeals for the Ninth Circuit · 2014
- Swan View Coalition v. WeberDistrict Court, D. Montana · 2014
- Agdaagux Tribe of King Cove v. JewellDistrict Court, D. Alaska · 2015
- Native Ecosystems Council v. KruegerDistrict Court, D. Montana · 2014