ONDA v. U.S. Forest Service, 04-3096-PA/07-35559 (Fremont Nat'l Forest grazing)
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. 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 (PDF* 48K) to dismiss three claims challenging grazing permit reissuances and reinitiation of ESA consultation.
Jan. 13, '06 - Court dismisses (PDF* 77K) 7 of ONDA's 8 claims; ONDA considering appeal or motion for reconsideration.
J.D. Brown, of the Cascade Resources Advocacy Group (CRAG), is the lead attorney representing ONDA in this case.
Nov. 10, '05 - ONDA files sur-reply brief (PDF* 66K) 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 (PDF* 92K) 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 (PDF* 130K) to limit permittee involvement to amicus briefing on merits; allows intervention only during remedial stage of case.
May 19, '05 - ONDA files response (PDF* 53K) supporting Magistrate Judge's Findings and Recommendation to partially grant and partially deny grazing association motion to intervene.
Dec. 2, '04 - Klamath Herald Article (PDF* 199K) on ONDA's Fremont lawsuit.
Nov. 15, '04 - ONDA and co-plaintiff ONRC Action sue Forest Service and U.S. Fish & Wildlife Service (PDF* 153K) 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 (PDF* 66K) under Endagered Species Act for violations related to ESA consultation over effects of Fremont National Forest grazing on listed fish species.