Cascadia Wildlands v. United States Bureau of Land Management

District Court, D. Oregon

Cascadia Wildlands v. United States Bureau of Land Management

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CASCADIA WILDLANDS, an Oregon non-profit corporation; and OREGON WILD, an Oregon non-profit corporation,,

Plaintiffs, Civ. No. 6:20-cv-1395-MK

v. ORDER

UNITED STATES BUREAU OF LAND MANAGEMENT, an administrative agency of the United States Department of Interior,

Defendant;

SENECA SAWMILL COMPANY, an Oregon corporation _____________________________

MCSHANE, Judge: Magistrate Judge Mustafa Kasubhai filed a Findings and Recommendation (ECF No. 43), and the matter is now before this court. See

28 U.S.C. § 636

(b)(1)(B), Fed. R. Civ. P. 72(b). AlL parties filed objections to the Findings and Recommendation. Accordingly, I have reviewed the file of this case de novo. See

28 U.S.C. § 636

(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,

656 F.2d 1309, 1313

(9th Cir. 1981). The Court finds no error and concludes the report is correct. 1 –ORDER Magistrate Judge Kasubhai’s Findings and Recommendation (ECF No. 43) is adopted. Plaintiffs’ motion for summary judgment (ECF No. 10) is GRANTED in part as recommended in the Findings and Recommendation. Defendants’ motion for summary judgment (ECF Nos. 26, 28) are GRANTED as to Plaintiff’s NEPA claim and DENIED in all other respects. The underlying Project is REMANDED to BLM and the Decision Notice and Finding of No

Significant Impact is VACATED. IT IS SO ORDERED. DATED this 3rd day of January, 2022. _______/s/ Michael J. McShane________ Michael McShane United States District Judge

2 –ORDER

Reference

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