Two environmental groups have reached a settlement with the U.S. Forest Service (USFS) concerning grazing domestic sheep and the risk of disease transmission to bighorn sheep in the Okanogan-Wenatchee National Forest in Washington.
The settlement stems from a lawsuit filed in 2020 by WildEarth Guardians and Western Watersheds Project, who contended grazing in the forest violates the National Forest Management Act guidelines to protect bighorn sheep. The groups also asserted USFS failed to supplement its environmental analyses for the allotment management plans for domestic sheep grazing, violating the National Environmental Policy Act (NEPA).
The groups cited the risk of transmitting Mycoplasma ovipneumoniae to bighorn sheep and said USFS was aware of the risk of transmission but allowed grazing.
“The Forest Service has violated its duties under multiple federal laws by allowing domestic sheep to endanger a significant number of the bighorn sheep that remain in Washington state,” said Lizzy Potter, staff attorney at Advocates for the West, who represented the conservation groups. “Our settlement will ensure that the agency takes long overdue action to address and prevent threats posed to bighorns by domestic sheep.”
As part of the settlement, USFS will complete a site-specific NEPA analysis of which allotments are suitable for grazing and issue a final environmental impact statement and record of decision by Dec. 31, 2027.
In the interim, intervenor Martinez Livestock will be allowed to continue grazing while the NEPA process is completed. USFS will give a progress report of the NEPA analysis annually to Martinez Livestock. If an allotment is canceled for sheep grazing, USFS will give two years’ notice to Martinez Livestock; if modified, USFS will give one year’s notice.
The groups agreed to drop their appeal to the 9th Circuit Court of Appeals but may petition the district court should any disputes arise. — Charles Wallace, WLJ editor
