ONDA v. Lohn, 06-946-KI (Malheur grazing biological opinions)
July 7, 2006
Lawsuit challenging NMFS and U.S. Fish & Wildlife Service biological opinions, which fail to protect steelhead and bull trout from the impacts of continued grazing on the Malheur National Forest.
Apr. 16, '07 - Court rules that portions of all three challenged
biological
opinions are in violation of the Endangered Species Act;
finds that the
government "failed to evaluate whether short-term habitat degradation caused
each grazing season will reduce the steelhead's ability to survive and
recover," in light of "overwhelming evidence of habitat degradation" from
livestock grazing.
View press release.
View map of affected allotments.
Apr. 9, '07 - ONDA submits Notice of Supplemental Authority, explaining that a new 9th Circuit case invalidating the Columbia River dams biological opinion, National Wildlife Federation v. National Marine Fisheries Service, strengthens our claims.
Feb. 20, '07 - ONDA submits Notice of Supplemental Authority, explaining that a new 9th Circuit case, ONRC v. Allen, is relevant to our challenge of the FWS's Incidental Take Statement.
Jan. 5, '07 - ONDA files response brief in Malheur National Forest BiOps challenge; explains that the challenge is not moot and that the claim that conditions are improving at a natural rate is not supported.
Dec. 20, '06 - In challenge to Malheur National Forest biops, Judge denies permittees intervention on the merits; allows intervention only during remedial stage of case.
Nov. 9, '06 - ONDA files opening brief in ONDA v. Lohn, arguing that the three biological opinions governing grazing on the Malheur National Forest failed to safeguard steelhead and bull trout.
Nov. 3, '06 - ONDA responds to ranchers' motion to intervene.
July 7, '06 - ONDA files suit against National Marine Fisheries Service and U.S. Fish and Wildlife Service, alleging that their biological opinions for the Malheur National Forest's grazing program are inadequate to protect threatened steelhead and bull trout.