Lawsuit challenging Forest Service decisions allowing chronic overgrazing in bull trout habitat within the Malheur and North Fork Malheur wild and scenic river corridors.

Dec. 31, '07 - ONDA seeks leave to file Third Amended Complaint, to challenge 2007 Forest Service grazing decisions and to eliminate certain claims to streamline litigation.

Feb. 10, '07 - ONDA responds to Forest Service motion to transfer ONDA's Equal Access to Justice Act fee petition back to district court, following ONDA's Ninth Circuit jurisdictional victory concerning the public's right to challenge Forest Service Annual Operating Instructions.

Sept. 21, '06 - ONDA wins in 9th Circuit: court rules ONDA properly challenged Forest Service's Annual Operating Instructions in suit targeting overgrazing on Malheur Wild and Scenic Rivers and John Day River basin.

Mar. 7, '06 - ONDA argues case before Ninth Circuit Court of Appeals. Listen to the argument on the Ninth Circuit's website (type in case number 05-35637).

Nov. 23, '05 - ONDA files Reply (PDF* 137KB) in Malheur Wild and Scenic Rivers case in support of argument that court can review Forest Service Annual Operating Instructions as 'final agency action'.

Nov. 7, '05 - USFS answering/opening brief, (PDF* 977KB) arguing AOIs are not final agency action.

Oct. 6, '05 - ONDA files opening brief (in 9th Cir. appeal; argues court has jurisdiction to hear claims challenging Forest Service Annual Operating Instructions controlling annual grazing practices in bull trout habitat.

July 18, '05 - ONDA asks 9th Circuit to consolidate appeals on John Day and Malheur basin PACFISH/INFISH grazing into a single appeal for briefing and argument.

June 20, '05 - ONDA files Ninth Circuit notice of appeal in Malheur wild and scenic rivers case.

June 3, '05 - Judge dismisses ONDA's case based on conclusion that Forest Service AOIs are not "final agency action" challengeable under the APA.

Apr. 15, '05 - ONDA files supplemental memo arguing Forest Service Annual Operating Instructions are "final agency action" under APA; issue is main jurisdictional hurdle in lawsuit.

Mar. 15, '05 - ONDA files final reply brief in Malheur WSRs case; targets Forest Service's misconstruction of INFISH aquatic conservation strategy, irrelevant monitoring info.

Jan. 04, '05 - ONDA responds to motion to strike expert declarations and grazing monitoring data in Malheur Wild and Scenic Rivers case; argues declarations important to explain relevant information Forest Service failed to consider.

Nov. 12, '04 - ONDA and Center for Biological Diversity file opening summary judgment brief in Malheur Wild and Scenic Rivers case, ask court for multi-year, complete rest from grazing. See also the declarations of Robert L. Beschta, Ph.D., Jonathan Rhodes, and Christopher Christie, plus photographs from Rhodes' declaration.

June 10, '04 - Court denies ONDA's motion for preliminary injunction. Case will procede to the merits. Court nevertheless concludes ONDA has made a strong showing on the merits and 'grazing is likely causing ecological damage in the areas at issue'. Also from the court: "[T]he way in which grazing has been managed on these lands is clearly at odds with the statutory mandates related to the protection of the river corridors and the species that depend on them." View the opinion.

May 27, '04 - Court issues temporary restraining order, delaying until June 10th livestock turnout along the Malheur and North Fork Malhuer wild and scenic river corridor pending court's decision on ONDA's preliminary injunction request. See the TRO.

May 17, '04 - ONDA files Reply brief on its motion for preliminary injunction. See the brief and the Second Rhodes Declaration.

May 5, '04 - ONDA, Intervenor Robertson Ranch, and Forest Service file joint stipulation in Malheur Wild and Scenic Rivers case, propose to fence livestock out of North Fork Malheur Scenic River corridor on Ott Allotment. The new secure fencing should keep livestock off of the Ott Allotment's 613 river corridor acres, all of which are in the allotment's Rattlesnake Unit. The allotment contains approximately 6.3 miles of fish-bearing streams, with about 5 miles of occupied bull trout migratory and rearing habitat occurring within the Rattlesnake Unit. The Forest Service determined that 2003 grazing on the Ott Allotment was "not likely to adversely affect" bull trout, because "[t]he North Fork Malheur River is essentially removed from grazing due to natural features in the landscape and drift fences that limit livestock access to the river." However, since the North Fork Malheur Scenic River Management Plan was developed a decade ago, the Forest Service's attempts to keep livestock out the river with drift fences and permittee herding have had limited success and the Rattlesnake Unit has continued to be a "problem area" over the years. See stipulation and map.

March 31, '04 - ONDA files for preliminary injunctive relief in Malheur Wild and Scenic Rivers lawsuit, asking court to enjoin grazing in the river corridors. See the brief and the expert declarations - Beschta, Rhodes, Kauffman. Also view the Christie and Driskill declarations. View the Beschta photos.

Feb. 11, '04 - Court denies Forest Service's motion to dismiss ONDA's Malheur Wild and Scenic Rivers lawsuit. Case will proceed to the merits. View opinion.

Feb. 23, '03 - ONDA and Center for Biological Diversity sues the US Forest Service for failing to implement management plans for the Malheur and North Fork Malheur Wild and Scenic Rivers. View the second amended complaint.

Photo by Chris Christie (Cercyonis sthenele, Great Basin Wood Nymph)