RECENT FEDERAL DECISIONS

March 2006

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District Court Denies Clean Water Act and Endangered Species Act Challenges to U.S. Forest Service Grazing Permits
Center for Native Ecosystems et al. v. Rick Cables and U.S. Forest Service, ___F.Supp.2d___

On January 9, 2006, the U.S. District Court for the District of Colorado held that the U.S. Forest Service’s authorization of livestock grazing that was contributing to exceedances of state water quality standards did not violate § 313 of the Clean Water Act (CWA), which requires that governmental entities comply with state water quality standards “to the same extent as any nongovernmental entity.” Additionally, the court held that the Forest Service had not failed to adequately consult with the U.S. Fish and Wildlife Service (FWS) as required by the Endangered Species Act (ESA).