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Home » Enforcing Conservation Laws » Legal Actions » Cases » ONDA v. U.S. Forest Service, 04-3096-PA/07-35559 (Fremont Nat'l Forest grazing)
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ONDA v. U.S. Forest Service, 04-3096-PA/07-35559 (Fremont Nat'l Forest grazing)

Case Number: Civ. No. 04-3096/07-35559
Filed on: 2004/11/15
Filed by: Courtney Johnson, Mac Lacy & Dave Becker

November 15, 2004

 

Lawsuit challenging Forest Service and U.S. Fish & Wildlife Service decisions allowing continued overgrazing along bull trout streams on the Fremont National Forest.

Dec. 16, '08 - Ninth Circuit rules in ONDA's favor, holding that ONDA properly challenged a discrete set of final agency actions and district court should have heard ONDA's case on the merits. Case will proceed on the merits before the district court.

Dec. 10, '08 - ONDA (Courtney Johnson, CRAG) argues case before the Ninth Circuit.

Dec. 7, '07 - ONDA files reply brief in Ninth Circuit.

Sept. 29, '07 - ONDA files opening brief in Ninth Circuit, challenging district court's dismissal of lawsuit on jurisdictional grounds.

June 1, '07 - ONDA appeals district court's decision concerning NFMA/INFISH claims to Ninth Circuit.

Apr. 3, '07 - Court issues order granting summary judgment against ONDA on two Endangered Species Act claims, finding claims are moot.

Jan. 23, '06 - ONDA asks court to reconsider decision to dismiss three claims challenging grazing permit reissuances and reinitiation of ESA consultation.

Jan. 13, '06 - Court dismisses 7 of ONDA's 8 claims; ONDA considering appeal or motion for reconsideration.

CRAG Law Center, a public interest law firm based in Portland, Oregon, is representing ONDA in this case with the assistance of ONDA's staff attorneys.

Nov. 10, '05 - ONDA files sur-reply brief to address new Forest Service argument that a plaintiff cannot challenge issuance of a grazing permit as "final agency action".

Sept. 16, '05 - ONDA responds to Forest Service motion to dismiss INFISH case on Fremont Nat'l Forest grazing; argues ONDA properly challenged permits and annual authorizations for NFMA, NEPA and ESA claims.

June 20, '05 - Judge adopts magistrate's recommendation to limit permittee involvement to amicus briefing on merits; allows intervention only during remedial stage of case.

May 19, '05 - ONDA files response supporting Magistrate Judge's Findings and Recommendation to partially grant and partially deny grazing association motion to intervene.

Dec. 2, '04 - Klamath Herald Article on ONDA's Fremont lawsuit.

Nov. 15, '04 - ONDA and co-plaintiff ONRC Action sue Forest Service and U.S. Fish & Wildlife Service over failures to satisfy ecological standards and failure to conduct ESA consultation for bull trout and suckers on Fremont National Forest.

July 27, '04 - ONDA sends USFS and FWS 60-day notice of intent to sue under Endagered Species Act for violations related to ESA consultation over effects of Fremont National Forest grazing on listed fish species.

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