Friends Of The Big Bear Valley Et Al V. United States Forest Service Et Al
Summary: On August 10, 2023, a lawsuit was filed by the Friends of the Big Bear Valley, John Muir Project of Earth Island Institute, and San Bernardino Valley Audubon Society against the United States Forest Service and District Ranger, Freddie Duncan. The plaintiffs are contesting the Forest Service's approval of the North Big Bear Landscape Restoration Project, citing violations of the National Environmental Policy Act (NEPA), the Forest Service's objection regulations, and the National Forest Management Act (NFMA). The project's objective is to enhance forest health, wildlife habitat, and mitigate wildfire behavior by decreasing forest density through controlled burns and the mechanical or manual removal of trees and vegetation. The plaintiffs, however, argue that the project's documentation lacks explicit details on the disposal of the cut trees and does not adequately describe the potential soil and vegetation impacts resulting from these activities. The plaintiffs further dispute the Forest Service's proposal to thin vegetation within the project area's riparian conservation zones, asserting that it relies on contentious and uncertain evidence. They maintain that the Forest Service's own evidence contradicts their assertions about forest density and that the plan could potentially heighten the risk of forest fires and negatively impact a known Bald Eagle nesting site. The lawsuit also contends that the Forest Service's approval of the project necessitated NEPA requirements for a comprehensive Environmental Impact Statement (EIS) or an Environmental Assessment (EA). The plaintiffs maintain that the Forest Service's actions are subject to legal notice and the opportunity for public comment under 36 C.F.R. § 218.22(d), and that the right to file an objection should be preserved for those who comment. The plaintiffs are seeking vacatur, injunctive, and declaratory relief, as well as an order and judgment declaring that the Forest Service's plan violates NEPA and is arbitrary, capricious, an abuse of discretion, or not in accordance with law under the Administrative Procedure Act (APA). They also aim to vacate and set aside the Forest Service's decision, and to permanently prohibit the Forest Service from implementing the project until the agency complies with NEPA, USFS Objection regulations, and the NFMA.
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