Forest Guardians v. Mike Johanns, Secretary of Agriculture United States Forest Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• granting summary judgment in favor of plaintiffs on claim alleging federal agency failed to re-initiate consultation under the ESA
• “An action is moot if it 26 has lost its character as a present, live controversy.”
• declaration would “govern Forest Service’s actions for the remainder of the allotment’s permit term”
• “Because such relief remains available to Forest Guardians notwithstanding the Forest Service’s re-initiation of consultation on Water Canyon, the agency has failed to carry its burden to establish mootness.”
• Forest Service’s practice of not monitoring utilization levels of grazed allotment likely to persist despite interim monitoring because the agency “argued throughout th[e] litigation that it is not required to meet [those monitoring requirements]”
• explaining agencies’ ongoing duty to reinitiate ESA consultation

Source: CourtListener parenthetical corpus (CC0).