On Wednesday, Ninth Circuit Court of Appeals Judge A. Wallace Tashima ruled in favor of the Forest Service and upheld the risk of contact and the risk of disease transmission between bighorn sheep and domestic sheep analysis conducted by the Payette National Forest.
The Idaho Woolgrowers, American Sheep Industry, Wyoming Woolgrowers, Colorado Woolgrowers and two affected grazing permittees were plaintiffs in the case. Plaintiffs contend that Defendants violated NEPA in three ways: by (A) failing adequately to support their assumption that domestic sheep transmit deadly bacteria to bighorn sheep; (B) failing to take a “hard look” at potential risk factors to bighorn sheep viability other than domestic sheep grazing; and (C) using inadequate data and models. Plaintiffs also contend that Defendants (D) violated this Court’s previous orders by relying on the findings and conclusions of a committee formed in violation of the Federal Advisory Committee Act (FACA). Judge Tashima ruled in favor of the Forest Service on all points.
The order is attached below.
The Idaho Woolgrowers, American Sheep Industry, Wyoming Woolgrowers, Colorado Woolgrowers and two affected grazing permittees were plaintiffs in the case. Plaintiffs contend that Defendants violated NEPA in three ways: by (A) failing adequately to support their assumption that domestic sheep transmit deadly bacteria to bighorn sheep; (B) failing to take a “hard look” at potential risk factors to bighorn sheep viability other than domestic sheep grazing; and (C) using inadequate data and models. Plaintiffs also contend that Defendants (D) violated this Court’s previous orders by relying on the findings and conclusions of a committee formed in violation of the Federal Advisory Committee Act (FACA). Judge Tashima ruled in favor of the Forest Service on all points.
The order is attached below.
