Citations
- 198 F. Supp. 2d 1211
Full opinion text
ORDER GRANTING IN PART AND DENYING IN PART CROSS MOTIONS FOR SUMMARY JUDGMENT, AND GRANTING PLAINTIFFS’ MOTION FOR PERMANENT INJUNCTION
SHEA, District Judge.
On March 9, 2001, the Court heard oral argument on the summary judgment motion filed by Plaintiffs, (Ct.Rec.103), and by Defendants Robert Vaught, David Wright and Mike Dombeck (“the Federal Defendants”), (Ct.Rec.109). Defendants Inter-mountain Forest Association, Idaho Forest Owners Association, and Vaagen Brothers Lumber, Inc. (“the Intervenor Defendants”) have joined the Federal Defendants’ summary judgment motion. (Ct. Rec.115.)
At the hearing, Plaintiffs were represented by Tom Woodbury and Terrence Sawyer. Aan Campbell represented the Federal Defendants. The Intervenor Defendants were represented telephonically by Robert A. Maynard. The Court has reviewed the motions, the file and those parts of the administrative record cited by the parties.
I.OUTLINE OF DECISION.1218
II. BACKGROUND V.V.V. V. V.’.1219
1220 III. CROSS MOTIONS FOR SUMMARY JUDGMENT.
1221 A. Summary Judgment Standard.
1221 B. Old Growth Habitat, Old Growth Species and Sensitive Species.
1221 1. NEPA Requirements for Meaningful Old Growth Data.
1222 a. CNF Old Growth Data.
1222 b. IPNF Old Growth Data.
2. NFMA Requirement for Consistency with LRMP Old Growth Standards . CO OJ N
3. NFMA Requirement to Maintain Old Growth Species Viability. IO