Cent. Sierra Envtl. Res. Ctr. v. Stanislaus Nat'l Forest

Good Law
304 F. Supp. 3d 916
United States District Court, Eastern District of CaliforniaFebruary 6, 20181:17–cv–00441–LJO–SABCalifornia19,545 words

Opinion

Lead Opinion

Lawrenceneill, J.

I. INTRODUCTION

Plaintiffs Central Sierra Environmental Resource Center ("CSERC") and Sierra Forest Legacy (together, "Plaintiffs") bring this suit against Defendants Jeanne M. Higgins (now former Forest Supervisor for the Stanislaus National Forest), Stanislaus National Forest, and the U.S. Forest Service ("Forest Service") (together, "Federal Defendants"), challenging the cattle grazing program in three livestock allotments in Stanislaus National Forest. Federal Defendants moved to dismiss on the grounds both that the Plaintiffs fail to state a claim upon which relief can be granted and that the Court lacks jurisdiction to hear the claims. ECF No. 41-1 ("Mot."). Defendant-Intervenors, various permittees and the permittees' trade association, also moved to dismiss under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). ECF No. 40-1 ("Intervenor Mot."). Plaintiffs opposed both motions in a single opposition. ECF No. 46 ("Opp."). Federal Defendants, ECF No. 52 ("Reply"), and Defendant- Intervenors, ECF No. 51 ("Intervenor Reply"), both filed replies. This matter is now ripe for review and is suitable for disposition without oral argument. See Local Rule 230(g).

II. STATUTORY…

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