Rey

MEMORANDUM AND ORDER

In ruling on summary judgment motions filed in both of these cases in August and September of 2008, this Court found for liability purposes that the 2004 Framework complied with the provisions of the National Environmental Policy Act (NEPA) and the National Forest Manage ment Act (NFMA), except to the extent that the 2004 Framework was implemented without sufficient review of alternatives other than the chosen option. Our determination in that regard was guided by the Ninth Circuit’s decision in Sierra Forest Legacy v. Rey, 526 F.3d 1228, 1231 (9th Cir.2008). In that decision, the Ninth Circuit reversed this Court’s denial of a preliminary injunction in this matter on narrow grounds, finding the Plaintiffs were likely to succeed on the claim that the Forest Service failed to consider all reasonable alternatives in the 2004 SEIS. In particular, the Ninth Circuit found that the SEIS for the 2004 Framework could not rely on alternatives modeled in the 2001 Framework EIS because of modeling changes between the two documents. The Ninth Circuit further faulted the Forest Service for failing to consider alternative methods of funding fire reduction work.

On the…