ELR Citation: 51 ELR 20205
No(s). CV 20–179–M–DWM (D. Mont. Dec 13, 2021) (Molloy, J.)

A district court granted in part summary judgment for environmental groups in a challenge to FWS' and the Forest Service's decisions regarding a logging and prescribed burning project in the Helena-Lewis and Clark National Forest. The groups argued the Services violated the ESA by failing to reinitiate consultation for the project for the grizzly bear, and that the Forest Service violated NEPA and the National Forest Management Act (NFMA) in its analysis of elk and use of site-specific forest plan amendments to avoid complying with the plan's standards. The court found the Forest Service failed to adequately consider Standard 6 and issued a site-specific plan amendment in violation of both NEPA and the NFMA, and that the Services' failure to reinitiate consultation violated the ESA. It granted summary judgment in those respects and remanded for further agency action.