Conservation Congress v. U.S. Forest Service

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 CONSERVATION CONGRESS and the No. 2:13-cv-00934-JAM-DB

CITIZENS FOR BETTER FORESTRY,

10 Plaintiffs, ORDER GRANTING IN PART AND v. DENYING IN PART PLAINTIFFS’ MOTION TO SUPPLEMENT THE

UNITED STATES FOREST SERVICE, ADMINISTRATIVE RECORD

and the UNITED STATES FISH

AND WILDLIFE SERVICE,

14 Defendants. 15 In 2012, Conservation Congress and the Citizens for Better Forestry sued the United States Forest Service and the United States Fish and Wildlife Service. Compl., ECF No. 1. Plaintiffs alleged that by approving the “Pettijohn Project,” a fuel- reduction project that would require cutting down trees in Shasta-Trinity National Forest, the two agencies violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), and the Administrative Procedure Act (APA). See Compl. ¶¶ 2, 10. The parties stipulated to stay the proceedings after the 26 …