Case 2:17-cv-02185-MCE-KJN Document 36 Filed 03/21/18 Page 1 of 3 1 2 3 4 5

Dennis L. Porter, Cal. Bar #67176 Attorney at Law 8120 36th Avenue Sacramento, California 95824-2304 Telephone: (916) 381-8300 Fax: (916) 381-8726 [email protected]

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Caroline Lobdell, Ore. Bar #021236, pro hac vice Shay S. Scott, Ore. Bar #934214, pro hac vice Scott W. Horngren, Ore. Bar #880604, pro hac vice WESTERN RESOURCES LEGAL CENTER 9220 SW Barbur Blvd., Suite 327 Portland, Oregon 97219 Telephone: (503) 768-8500 Fax: (503) 222-3255 [email protected] [email protected] [email protected]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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DEVILS’ GARDEN PRESERVATION GROUP, an unincorporated association; WILSON RANCHES, a California general partnership; and GREEN VALLEY CORP., a California corporation dba MS Ranch,

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Plaintiffs, vs. AMANDA McADAMS, in her official capacity as Forest Supervisor, Modoc National Forest; and U.S. FOREST SERVICE, an agency within the U.S. Department of Agriculture, Defendants

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Case No: 2:17-CV-02185-MCE-KJN PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT Extended Oral Argument Requested

27 28 PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

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MOTION Plaintiffs DEVILS’ GARDEN PRESERVATION GROUP, WILSON RANCHES, and GREEN VALLEY CORP. move the Court pursuant to Fed. R. Civ. P. 56 and Local Rule 260 for summary judgment on all claims against defendants AMANDA McADAMS and the U.S. FOREST SERVICE on grounds that there is no genuine issue as to any material fact and plaintiffs are entitled to judgment as a matter of law. Plaintiffs seek a declaratory judgment 1 that: 1.

Defendants’ failure and refusal to immediately remove excess wild horses is

unlawful and is arbitrary and capricious under the Wild Free-Roaming Horses and Burros Act and the APA. 5 U.S.C. § 706(2)(A) (reviewing court shall set aside agency action which is arbitrary, capricious, or an abuse of discretion). Defendants should be compelled to perform their duties

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under the law. 5 U.S.C. § 706(1) (reviewing court “shall compel agency action unlawfully withheld or unreasonably delayed”). 2.

Defendants’ failure and refusal to follow the Territory Management Plan and

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maintain wild horses within AML is unlawful and is arbitrary and capricious. Defendants must

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comply with the 1991 Forest Plan, as amended by the 2013 TMP, under 16 U.S.C. § 1604(i), and

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their actions, inconsistent with these duties, are unlawful, arbitrary and capricious. 5 U.S.C. § 706(2)(A). Defendants should also be compelled to perform their duties under the 1991 Forest Plan, as amended by the TMP, as their failure to do so is agency action unlawfully withheld or unreasonably delayed. 3.

Defendants’ decisions reducing livestock grazing on the Modoc NF and WHT and

elimination of grazing from the Emigrant Springs and Pine Springs grazing allotments and

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To be followed by a remedy phase should plaintiffs prevail on their claims. Plaintiffs request, among other relief, a mandatory injunction to compel compliance with the requested relief, and an order compelling compliance with the 2013 Territory Management Plan and Wild Horse Act mandating the immediate removal of excess animals. Dkt. 1 at 24.

PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT – 1

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reallocation of forage from livestock to wild horses is contrary to the 1991 Forest Plan, as

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amended by the 2013 TMP, and without a Forest Plan amendment, is arbitrary, capricious, an

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abuse of discretion, and in violation of procedure required by law. 16 U.S.C. § 1604(i); 5 U.S.C. §§ 706(2)(A), (D). Plaintiffs rely upon the pleadings, Plaintiffs’ Memorandum in Support of Motion for

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Summary Judgment, the Declarations of Bill Wilson and Jess Dancer, Plaintiffs’ Statement of

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Undisputed Facts, the Administrative Record, and upon such matters, evidence, and argument as

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may be presented to the Court through additional briefing and at the time of hearing.

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Respectfully submitted this 21st day of March, 2018. /s/ Caroline Lobdell Caroline Lobdell, Ore. Bar #021236 Shay S. Scott, Ore. Bar #934214 Scott W. Horngren, Ore. Bar #880604 WESTERN RESOURCES LEGAL CENTER 9220 SW Barbur Blvd., Suite 327 Portland, Oregon 97219 Telephone: (503) 768-8500 Fax: (503) 222-3255 Email: [email protected] Email: [email protected] Email: [email protected] /s/ Dennis L. Porter Dennis L. Porter, Cal. Bar #67176 Attorney at Law 8120 36th Avenue Sacramento, California 95824-2304 Telephone: (916) 381-8300 Fax: (916) 381-8726 [email protected] Attorneys for Plaintiffs

26 27 28 PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT – 2