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Californians for Alternatives to Toxics v. U.S. Fish and Wildlife Service

814 F. Supp. 2d 992 (2011)

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Californians for Alternatives to Toxics v. U.S. Fish and Wildlife Service

United States District Court for Eastern District of California
814 F. Supp. 2d 992 (2011)

CR

Facts

Californians for Alternatives to Toxics and other environmental organizations (organizations) (plaintiffs) sued the U.S. Forest Service and Fish and Wildlife Service (agencies) (defendants) for authorizing the Paiute Cutthroat Trout (PCT) Restoration Project (project) in the Carson-Iceberg Wilderness. The project would use a motorized auger to apply pesticides in Silver King Creek to eradicate nonnative fish and other species in an 11-mile section of the creek. Once all the fish were killed, the Forest Service planned to reintroduce the PCT to the creek. The organizations argued that the project violated the Wilderness Act by elevating recreational fishing over wilderness preservation, and by authorizing the use of a gasoline-powered auger even though motorized uses were generally prohibited in wilderness areas. The agencies countered that wilderness areas were also established for conservation purposes, which would include the restoration of native species such as the PCT. Additionally, the agencies argued that the motorized auger could be used because it was necessary to fulfill the purposes of the wilderness area.

Rule of Law

Issue

Holding and Reasoning (Damrell, Jr., J.)

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