Lawsuit challenging chronic overgrazing in important steelhead habitat  in the John Day River basin, Malheur National Forest.

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

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 the Ninth Circuit Court of Appeals. Listen to the argument on the Ninth Circuit's website (type in consolidated case number 05-35637).

Dec. 5, '05 - ONDA files Ninth Circuit reply (PDF* 138K) in support of argument that court can review Forest Service Annual Operating Instructions as 'final agency action.'

Nov. 14 & 16, '05 - U.S. Forest Service and Intervenor answering (PDF* 1.4MB) and response(PDF* 2.2MB) briefs before Ninth Circuit.

Oct. 17, '05 - ONDA files opening Ninth Circuit brief; (PDF* 173K) addresses issue of whether Forest Service's Annual Operating Instructions are "final agency action" for purposes of judicial review under the Administrative Procedure Act.

July 18, '05 - ONDA asks 9th Circuit (PDF* 43K) 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.

Feb. 28, '05 - ONDA files reply brief (PDF* 225K) in Murderers Creek/Blue Mountain case, countering Forest Service arguments regarding mootness, agency deference, and newly-produced monitoring information.

Jan. 4, '05 - ONDA responds (PDF* 99K) to motion to strike expert declarations and grazing monitoring information, arguing documents are important to explain relevant factors Forest Service did not consider in its annual grazing authorizations.

Jan. 3, '05 - ONDA files Third Amended Complaint (PDF* 277K) .

Dec. 23, '04 - Court grants ONDA motion (PDF* 68K) to amend Complaint to add claims that Forest Service has engaged in a "pattern, practice or policy" of authorizing grazing that fails to satisfy ecological standards.

Nov. 19, '04 - ONDA files opening summary judgment brief (PDF* 260K) in Murderer's Creek/Blue Mountain allotments case, asks court to enjoin grazing until allotments can meet and continue to be in compliance with aquatic conservation strategy.

Nov. 11, '04 - ONDA files reply in support of its motion (PDF* 94K) to amend complaint in order to allege Forest Service has engaged in a "pattern, practice or policy" of annually authorizing grazing that violates applicable laws, regulations and Forest Plan standards.

July 15, '04 - Court denies ONDA's request (PDF* 46K) for preliminary injunction; case will proceed to the merits. However, Court concludes there is a "dire need for better management of grazing on these public lands, and that recent management has fallen short of the legal mandates related to the protection of the land and water and the endangered species dependent thereon." Court also rejects Forest Service arguments that ONDA's claims are not remediable per Supreme Court's SUWA decision and that court lacks authority to grant requested relief as result of grazing appropriations riders.

July 14, '04 - ONDA files Second Beschta Declaration (PDF* 91K) in Murderer's Creek/Blue Mountains case, explaining pre-grazing photos of spring "green-up" do not show that proposed grazing will not irreparably harm ecological conditions.

July 13, '04 - ONDA files memo in opposition (PDF* 82K) to Forest Service's argument that recent SUWA Supreme Court decision blocks ONDA's ability to raise NFMA and NEPA claims on Murderer's Creek and Blue Mountains allotments.

June 23, '04 - ONDA files Response to Forest Service motion (PDF* 33K) for continuance of preliminary injunction hearing, arguing that further delay of hearing date should not prejudice Plaintiffs' interests.

June 21, '04 - ONDA files reply brief (PDF* 109K) in support of motion for preliminary injunction on Malheur National Forest's Murderer's Creek and Blue Mountain allotments.

March 19, '04 - ONDA files for preliminary injunctive relief in Murderer's Creek/Blue Mountain allotments case, asking court to halt grazing to protect steelhead until decision is reached on the merits. See the brief (PDF* 201K).

March 24, '03 - ONDA and Center for Biological Diversity file suit against the Forest Service for failing to protect federally-listed bull trout and steelhead on two grazing allotments in the Malheur National Forest. View the press release (PDF* 119K) or complaint (PDF* 117K)