Suing the U.S. Forest Service to Uphold its Duties

Much of the land impacted by the Rock Creek Mine falls under the jurisdiction of the US Forest Service. Its approval of the Rock Creek mine violates federal laws enacted to protect public lands, water, and wildlife.

The Suit

This suit charges the agency with violation of several federal acts including, but not limited to, the Clean Water Act, Endangered Species Act, National Forest Management Act, and the National Environmental Policy Act (NEPA). At issue is impairment of water quality by the introduction of sediment that is injurious to fish and the agency’s failure to maintain and protect fisheries and wildlife habitat. By law, the Forest Service must ensure that its actions do not jeopardize a listed species or destroy its habitat. Furthermore, the agency is bound to conduct an adequate analysis of the impacts of the project, develop courses of action that evaluate all reasonable alternatives and are based on sufficient information, adequately review all mitigation measures, and fully disclose all impacts for public review. The Forest Service has failed in all areas of its duties. This suit asks the court to permanently enjoin the Rock Creek project until it complies with all federal laws.

The Status

Motions for Summary Judgment were filed in the spring of 2008. A court hearing has not yet been scheduled. This suit and the suit challenging approval by the USFWS have been combined and will be jointly considered by the court.

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