High Sierra Hikers Ass'n v. United States Forest Service

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

This is an action for declaratory and injunctive relief by plaintiffs High Sierra Hikers Association and Wilderness Watch (collectively “Plaintiffs”) against defendant United States Forest Service, and two individual Forest Service officials (“Defendants”) and intervener-defendants, California Trout, Inc., Tuolumne County Sportsmen, Kennedy Meadows Resort, James Phelan, and the California Department of Fish and Game (collectively, “In-terveners”). The action is pursuant to the Wilderness Act, 16 U.S.C., §§ 1131 , et seq., and the National Environmental Policy Act (“NEPA”), 42 U.S.C., §§ 4321 et seq. The action challenges a decision by Defendants to repair and maintain and operate certain small water impoundment structures located in the Emigrant Wilderness Area. In the instant motion, Plaintiffs seek summary judgment of their claims that Defendants’ actions were contrary to law and for injunctive relief to prohibit the maintenance or repair of any dam structures in the Emigrant Wilderness. Defendants and Interveners counter-move for summary judgment on all Plaintiffs’ claims.…