A federal judge has dismissed a lawsuit filed by environmental groups seeking to stop sheep grazing in the Okanogan-Wenatchee National Forest in Washington while the U.S. Forest Service (USFS) conducts an environmental review.
WildEarth Guardians and Western Watersheds Project challenged the grazing, stating there is a high risk of disease transmission between domestic sheep and bighorn sheep herds. They contend that allowing S. Martinez Livestock to continue grazing violates the National Forest Management Act (NFMA) guidelines to protect bighorn sheep. The groups also assert USFS’ failure to supplement its environmental analyses for the allotment management plans for domestic sheep grazing violates the National Environmental Policy Act (NEPA).
The environmental groups further argued, “The court should thus not permit the agency to indefinitely postpone completing the necessary supplemental NEPA analysis to address the conflicts between domestic and bighorn sheep” in a timely manner, as stated in court documents.
USFS and S. Martinez Livestock countered that USFS’ management practices have mitigated the risk of disease transmission on federal lands, and efforts to keep domestic and bighorn sheep separated do not occur on state-owned or private lands. Further, lawful hunting and relocation by the Washington Department of Fish and Wildlife is the cause of injury to bighorn sheep, they said.
According to court documents, USFS acknowledges that it will be conducting a supplemental NEPA analysis and “explains that the delay so far was the result of resource constraints, loss of key staff members, and historic wildfires that pulled employees away from their normal duties.” USFS stated it was within the grace period, and an order from the court on timing would violate Congress’ delegation to the agency.
U.S. District Judge Thomas O. Rice of the Eastern District of Washington ruled USFS shall continue a grazing permit while conducting a supplemental environmental analysis under NEPA, citing the Federal Land Policy and Management Act, which Congress amended in 2014.
Rice wrote the court does not have the “authority or jurisdiction to set the priority and timing of such supplemental review.” Rice further stated the environmental groups’ challenge is “premature and not properly before the court. Because the (USFS) has not completed its final analysis, there is no final decision for this Court to review at this time.”
Earlier in April 2021, U.S. District Judge Rosanna M. Peterson of the Eastern District of Washington ruled against the environmental groups, stating the plaintiffs had not made a clear showing there is a significant threat of “irreparable injury in the absence of injunctive relief.” Therefore, the court did not need to decide whether the environmental groups would succeed in their NFMA and NEPA claims.
WildEarth Guardians and Western Watersheds Project sought to halt grazing for the 2021 season in the Okanogan-Wenatchee, citing the risk of transmitting Mycoplasma ovipneumoniae to bighorn sheep and stating USFS was aware of the risk of transmission but allowed grazing.
At the time of the initial filing, S. Martinez Livestock argued granting an injunction would force them to graze sheep on private land in the Wenas watershed, closer to the primary range of the bighorn sheep.
S. Martinez Livestock, which started in 1926 when Simon Martinez Sr. purchased sheep, has grazed sheep in the forest for decades. USFS environmental coordinator Jodi Leingang told the Yakima Herald-Republic the relationship between the two has become a partnership and a highlight of her career.
“They never quit trying, quit coming up with ideas,” Leingang said. “They look out into the future to prevent problems.”
The Public Lands Council congratulated the Martinez family and thanked the Western Resources Legal Center, which represented S. Martinez Livestock, “for their continued defense of grazing permittees!” — Charles Wallace, WLJ editor
