ONDA v. Kimbell et al., 07-1871-KI/11-35331 (Malheur National Forest grazing decisions)
December 21, 2007
Comprehensive challenge against the Forest Service and National Marine Fisheries Service, targeting chronic overgrazing and flawed Endangered Species Act consultation in the Middle Fork John Day River basin.
Oct. 12, '11 - ONDA answers permittees' appeal of permanent injunction.
Aug. 16 '11 - Agencies voluntarily dismiss their appeal of permanent injunction in ONDA's favor.
Apr. 14, '11 - Permittees (and later agencies) appeal remedies to Ninth Circuit.
Mar 16, '11 - Court issues modified order of injunction.
Feb. 22, '11 - ONDA files response brief in opposition to agencies' and permittees' motions for reconsideration.
Feb. 2, '11 - ONDA files brief in support of motion to clarify court's remedial order and opposing motions for reconsideration.
Dec. 30, '10 - Court permanently enjoins livestock grazing on seven allotments, protecting 200 miles of essential habitat for imperiled steelhead. See press release & map of the streams protected by the court's order.
Nov. 19, '10 - ONDA files reply brief on remedy.
Oct. 4, '10 - ONDA files opening brief on remedy, asking Court to order agencies to complete new consultation on Malheur National Forest grazing plan's effects on steelhead, prior to allowing any further grazing in 2011.
June 4, '10 - Victory! Court agrees with ONDA, ruling that grazing has degraded important native steelhead streams on nearly a half-million acres of public land on the Malheur National Forest. See press release and court decision.
June 2, '10 - Court adopts parties' stipulation to allow reduced grazing this year, coupled with strict protections to insure that cattle do not damage steelhead critical habitat.
Mar. 30, '10 - District court holds oral argument and takes under advisement the parties' cross-motions for summary judgment.
Mar. 9, '10 - ONDA files reply brief in support of motion for summary judgment.
Nov. 11, '09 - ONDA files opening summary judgment brief.
Sept. 23, '09 - ONDA v. USFS, 03-381, is consolidated with this case.
June 15, '09 - Court enjoins grazing until Forest Service has complied with promises to execute mitigation and monitoring measures, noting that "[t]he time has come for the Forest Service to adaptively manage these allotments in response to conditions on the ground rather than in reaction to this court's rulings." Press release.
June 3, '09 - ONDA files reply in support of injunction motion.
Apr. 10, '09 - ONDA asks Court to expand injunction to protect more than 200 miles of essential stream and riparian habitat for steelhead. Press release.
The steelhead (Oncorhynchus mykiss) is an iconic native trout in the Pacific Northwest. It is listed under the Endangered Species Act as a “threatened” species in danger of extinction. According to evidence gathered by ONDA, as well as the Forest Service’s own surveys, grazing permitted by the Forest Service along more than 200 miles of streams has resulted in significant failures to meet ecological standards meant to conserve steelhead. The standards, established by the Forest Service and the National Marine Fisheries Service (NMFS), are meant to protect the key elements of healthy fish habitat. They include protection of stable stream banks and overhanging vegetation that keep streams clear and cold for steelhead and other native trout.
These photos compliment the field data showing
that the Forest Service’s grazing program has resulted in damaged
stream banks many times worse than the amount allowed under the federal
standards.
Mar. 17, '09 - ONDA opposes motion to lift the injunction currently protecting stream and riparian habitat on more than 120,000 acres of national forest.
Jan. 30, '09 - After a year of rest, Beaver Dam Creek on the Murderer's Creek Allotment shows remarkable nascent recovery.
Photos show stream and riparian conditions on Sept. 28, 2007 versus Sept. 29, 2008.
Jan. 9, '09 - Chief Judge Haggarty adopts magistrate's Findings & Recommendation allowing ONDA to introduce evidence, including expert reports and evidence obtained through discovery, to prove its Endangered Species Act claims.
Sept. 12, '08 - Court rules in ONDA's favor concerning scope of review and admissibility of extra-record evidence to prove our Endangered Species Act claims against federal defendants.
Sept. 5, '08 - Court issues opinion supporting its May 16, 2008 decision to enjoin 2008 grazing on the Murderers Creek and Lower Middle Fork allotments.
July 30, '08 - ONDA files briefing concerning the scope of review the court should apply to each of ONDA's claims.
May 16, '08 - Injunction granted! Court issues order enjoining grazing on Lower Middle Fork and Murderers Creek allotments, protecting more than 120,000 acres of public land and more than 92 miles of fish-bearing streams -- including essential habitat for steelhead trout. Full written order from Court to follow.
May 7, '08 - ONDA files reply in support of PI/TRO motion.
Apr. 10, '08 - Court consolidates case with related permittee action against NMFS, and allows cross-intervention in the cases.
Mar. 31, '08 - ONDA files motion asking Court to enjoin grazing on the Lower Middle Fork and Murderers Creek allotments, based on unlawful grazing decisions and potential for irreparable harm to steelhead stream and riparian habitat. See Christie and Rhodes declarations in support of motion. Court will hold argument May 16, 2008 at 9.30am, before Chief Judge Ancer L. Haggerty.
Feb. 26, '08 - ONDA files replies in support of motion to consolidate, responding to Federal Defendants and to permittees.
Dec. 31, '07 - ONDA files motion asking court to consolidate original Malheur grazing cases (03-213 concerning allotments within the Malheur and North Fork Malheur wild and scenic rivers & 03-381 concerning the Murderers Creek and Blue Mountain allotments) with this case. See the memo in support and attachment (Forest Service 2007 AOI memorandum following ONDA's 2006 9th Cir. victory).
Dec. 31, '07 - ONDA files First Amended Complaint to add a claim against the Forest Service concerning the agency's failure to reinitiate consultation following bank damage standards violations during 2007 grazing season.
Dec. 21, '07 - ONDA sues U.S. Forest Service, National Marine Fisheries Service and U.S. Fish & Wildlife Service concerning Forest Service's 2007 Malheur National Forest grazing authorizations and NMFS and FWS Endangered Species Act consultation decisions for MNF's 2007-2011 grazing proposals.


