Klamath Siskiyou Wildlands Center v. United States Forest Service

MEMORANDUM AND ORDER

The matter is before the Court on cross-motions for summary judgment by Plaintiffs Klamath Siskiyou Wildlands Center and Klamath Forest Alliance (“Plaintiffs”) and Defendants United States Forest Service, District Ranger David Hays, and Forest Service Chief Tom Sidwell (“Defendants”). At issue is Defendants’ review and approval of the High Bar Mining Project (the “Project”), a gold mining operation located in the Salmon River watershed in northern California. Plaintiffs allege that Defendants’ review and approval violated the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), the 1872 Mining Law, and the Administrative Procedure Act (APA). Plaintiffs request that the Court vacate the decision documents for the Project, declare that Defendants’ approval is in non-compliance with the applicable statutes, and enjoin the Project from proceeding. Defendants respond that their approval of the Project complies with the applicable statutes. For the reasons discussed below, Plaintiffs’ motion for summary judgment (ECF No. 53) is DENIED. Defendants’ motion for summary judgment (ECF No. 68) is GRANTED.

I. Statutory Background

i. 30…