Native Ecosystems Council v. United States Forest Service

Native Ecosystems Council and The Ecology Center (collectively referred to as “NEC”) appeal the district court’s grant of summary judgment to the United States Forest Service (“Forest Service”) on NEC’s claims in connection with the Forest Service’s approval of the North Elk-horns Vegetation Treatment Project (“Elk-horn project” or “proposed project”). The Elkhorn project is a “wildlife improvement project involving a timber sale” within the Helena National Forest and the Elkhorn Wildlife Management Unit (“Elkhorn Wildlife Unit”), the only Wildlife Management Unit in the National Forest System. NEC contends that the Forest Service’s approval of the Elkhorn project was arbitrary and capricious, in violation of the National Forest Management Act (“NFMA”), 16 U.S.C. §§ 1600 et seq., the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 et seq., and the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-706 , because the project violates the “big game” standards of the Helena National Forest Plan (“HNF Plan”). NEC also argues that the Forest Service’s approval of the Elkhorn project is arbitrary and capricious because the project will threaten the forest-wide viability…