Barbouletos

MEMORANDUM *

Swan View Coalition and Friends of the Wild Swan appeal the district court’s partial summary judgment in favor of the government defendants in Swan View’s action challenging motorized access management in the Flathead National Forest. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the summary judgment de novo and the Endangered Species Act claims under arbitrary and capricious standards. Native Ecosystems Council v. Dombeck, 304 F.3d 886, 891-92 (9th Cir.2002).

1. Claims against the Fish & Wildlife Service

Appellants argue that the Biological Opinion’s environmental baseline should have assumed that the seven Forest Service project decisions without timetables for completion had closed roads by 2005, the original forest plan objective date. Both the Forest Service and FWS concluded that the seven projects did not require that the Forest Service act by any particular date. However, since the record does not establish that the Forest Service included deadlines in the decisions or that any of the roads had been closed, we defer to this factual conclusion. Native Ecosystems Council v. U.S. Forest Serv., 418 F.3d 953, 960 (9th Cir.2005) (noting that we do…