Oregon Natural Desert Ass'n v. United States Forest Service

Plaintiffs-Appellants, Oregon Natural Desert Association, Western Watersheds Project, Northwest Environmental Defense Center, Oregon Wild, Center for Biological Diversity, and Friends of Oregon’s Living Waters (collectively ONDA), sued Defendant-Appellee, the United States Forest Service (Forest Service), for allegedly failing to comply with § 401 of the Clean Water Act (CWA, or Act) in its issuance of grazing permits on Forest Service lands. 33 U.S.C. § 1341 . ONDA specifically argued that the outcome and reasoning of S.D. Warren Co. v. Maine Board of Environmental Protection, 547 U.S. 370 , 126 S.Ct. 1843 , 164 L.Ed.2d 625 (2006), are clearly irreconcilable with our reasoning in Oregon Natural Desert Ass’n v. Dombeck, 172 F.3d 1092 (9th Cir.1998), and that Dombeck is, therefore, no longer controlling law.

The Forest Service moved for judgment on the pleadings pursuant to Federal Rules of Civil Procedure 12(c). The matter was referred to a magistrate judge, who made Findings and Recommendations suggesting that the district court grant the motion for judgment on the pleadings on the ground that ONDA’s claim was barred by the doctrine of collateral estoppel. The district court…