Challenge to Water Stations in Bighorn Sheep Habitat
In Wilderness Watch, Inc. v. US Fish & Wildlife Serv., No. 08-17406, an action claiming that the Forest Service’s actions in building water stations in a bighorn sheep habitat violated the express prohibition on the development of structures in the Wilderness Act, the court reversed summary judgment for defendants where a generic finding of necessity by the Service did not suffice, because the Service was required to make a finding that the structures were “necessary” to meet the minimum requirements for the administration of the area for the purpose of conserving bighorn sheep.
Related Resources
Read the Ninth Circuit’s Decision in Wilderness Watch, Inc. v. US Fish & Wildlife Serv., No. 08-17406
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