FOR IMMEDIATE RELEASE

ONDA wins again in Ninth Circuit

Ruling further solidifies public's right to challenge Forest Service grazing decisions

The Ninth Circuit Court of Appeals issued a decision further cementing the public's right to participate in a key decision-making process by which the Forest Service authorizes livestock grazing on national forest lands.

In 2004, ONDA sued the agency to address grazing damage along stream corridors on 11 allotments on what is today known as the Fremont-Winema National Forest in southern Oregon. The streams are home to bull trout and several species of suckers, all listed as threatened species under the Endangered Species Act. ONDA was joined by co-plaintiff Oregon Natural Resources Council Fund. 

The district court decided in 2007 that ONDA had impermissibly challenged the entire Fremont-Winema National Forest grazing "program." The court dismissed the case on this narrow jurisdictional issue. 

The Ninth Circuit decision restores the right to participate in public land management decisions that impact key spawning and migratory habitat essential to the survival and recovery of these native fish. The appeals court relied on a 2006 decision it issued in ONDA's favor confirming that a plaintiff has a right to challenge Forest Service annual grazing decisions that control grazing on national forest lands each year.

The case now returns to the district court for further proceedings on the merits.

ONDA thanks the CRAG Law Center for representing us in this important matter--including former CRAG attorney JD Brown for handling the district court proceedings and briefing, and current CRAG attorney Courtney Johnson for arguing the case before the Ninth Circuit.

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