Sierra Forest Legacy v. United States Forest Service

ORDER GRANTING FEDERAL DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

This litigation arises out of an amendment to the “land and resource management plan” for the Sierra Nevada National Forest adopted by the United States Forest Service (“Forest Service”). See Compl., Docket No. 1. In addition to challenging the Forest Service’s amendment, Plaintiffs Sierra Forest Legacy, Center for Biological Diversity, Sierra Club, and Defenders of Wildlife (collectively “Plaintiffs”) challenge the concurring opinions issued by the National Marine Fisheries Service (“NMFS”) and the United States Fish and Wildlife Service (“FWS”, collectively with NMFS referred to as “Wildlife Services”) that the amendment would have no effect on certain threatened or endangered species. Id. Plaintiffs seek declaratory and injunctive relief.

Before the Court is a motion by the Wildlife Services to dismiss all claims against them for lack of subject-matter jurisdiction and for failure to state a claim. Docket No. 5 (“Motion”). Plaintiffs opposed the Motion and the Wildlife Services replied. Docket Nos. 13, 15. The Forest Service and the various individual defendants did not participate in the briefing on this…