The Payette NF was notified this morning that the 9^th Circuit Court issued an opinion on the Lost Creek Boulder Creek EIS & Record of Decision. 

The filed opinion states “AFFIRMED IN PART, REVERSED and REMANDED IN PART. The parties shall bear their own costs on appeal. On remand the district court is instructed to vacate the Forest Service’s September 2014 final record of decision and remand to the Forest Service for further proceedings consistent with this Opinion. Defendants-Appellees’ Motion to Dismiss is GRANTED. ([50]) The Alliance’s ESA claim is DISMISSED as moot. The portion of the district court’s decision and judgment with regards to the Alliance’s ESA claim is VACATED. Judge: MHM Authoring. FILED AND ENTERED JUDGMENT. [10973917] (RMM) [Entered: 08/13/2018 07:08 AM]”

The Payette NF is reviewing the decision and will be coordinating with the USDA Office of General Counsel on the appropriate response.  We will share more information as this issue develops.

The Court opinion is available in the LCBC project library, filed under the NEPA folder.