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Ultimately, the Forest Service used top-rate model designers; relied on peer-reviewed methodologies applied by other bighorn researchers addressing similar issues; and incorporated on-the-ground data of bighorn sheep movements within the Payette. Given the foregoing, and in light of the deference owed to the agency when undertaking technical analysis within its purview, the Forest Service’s reliance onthe risk of contact model was not arbitrary, capricious, or an abuse of discretion.
United States Circuit Judge, A. Wallace Tashima has sided with the Payette National Forest and intervenors, The Wilderness Society; Western Watersheds Project; and Hells Canyon Preservation Council.
Can you give us more background on this Oak?
Almost got my answer from that, but not quite... I was wanting to know which groups appealed the 2003 EIS. Do you remember?The administrative process underlying this appeal began
in 2003, when the Forest Service, pursuant to the National
Environmental Policy Act (“NEPA”), issued the Southwest
Idaho Ecogroup Land and Resource Management Plans Final
Environmental Impact Statement and Record of Decision
(“EIS”), which revised the 1988 Payette National Forest Land
and Resource Management Plan. The EIS was appealed,
appellants urging that the EIS “violated the [National Forest
Management Act] and Hells Canyon National Recreation
Area (HCNRA) Act on the Payette National Forest by
providing for grazing of domestic sheep within or near the
range of bighorn sheep, thus threatening the viability of
bighorn sheep though [sic] disease transmission.” ROD 1. In
March 2005, the Chief of the Forest Service agreed that the
EIS “did not adequately address viability [of bighorn sheep
populations in the Payette] or the potential for disease
transmission.” Id. The Chief therefore rejected the EIS’s
analysis.
I was wanting to know which groups appealed the 2003 EIS. Do you remember?
Clear science shows the effects of grazing domestic sheep within bighorn habitat range, which prompted the U.S. Forest Service (USFS) to close the allotments in question. Yet, despite the facts, the Idaho Woolgrowers Association (IWGA) challenged the decision in 2014. We intervened on behalf of the USFS, and just one week after oral argument, the court ruled in our favor. But the IWGA just couldn’t let it go and appealed the decision. Armed with an arsenal of facts and data to support our position, we quickly challenged the appeal; we’re elated today to see that the court’s opinion held strong and bighorn sheep will remain protected!
This welcome decision affirms seven years of hard work by Advocates for the West and our clients to restore viable populations of bighorn sheep in Hells Canyon and Salmon River Canyon of Idaho.
what I find so annoying about this is that access is closed off except for a couple outfitters who hunt it in the fall.