The Pahsimeroi Valley contains key habitat for three species of Endangered Species Act-listed fish: bull trout, chinook salmon, and steelhead. Yet BLM and Forest Service have not conducted monitoring and habitat improvements as required by their own ESA consultation, which is now very outdated. Their failure to meet fish habitat requirements or to consult over changed conditions violates the ESA, and perpetuates degraded habitat conditions in the Pahsimeroi.

Files: 

ESA Complaint

This action challenges Forest Service and BLM violations of the Endangered Species Act in failing to carry out consulations with US Fish and Wildlife Service and NOAA Fisheries over impacts of livestock grazing, irrigation diversions, and other management actions upon salmon, steelhead and bull trout in the Lemhi River watershed of central Idaho.

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Lemhi ESA Complaint

This case challenges BLM decisions allowing grazing and construction of numerous livestock watering troughs and fences in the Grouse Creek, Meadow Creek, Trail Creek, and Rock Creek allotments, located in the Pahsimeroi watershed of central Idaho. 

Files: 

Complaint - June, 2009

Challis Area Map, courtesy of IDFG.

Brief in Support of Motion for Summary Judgment

The Burnt Creek allotment is located in the Upper Pahsimeroi watershed, which is occupied by bull trout and sage grouse; and extends over much of the Burnt Creek Wilderness Study Area. 

Our prior litigation in 2002-03 forced BLM to close the allotment to grazing for 4 years, although repeated livestock "trespass" occurred during that time, continuing to harm bull trout habitat. 

Files: 

Burnt opinion, July 2010

Burnt reply brief - April, 2010

Burnt opening brief - March, 2010

Burnt Creek Complaint - July, 2009

Area map, courtesy of IDFG.

The 330,00-acre Soldier Meadows allotment lies adjacent to the Black Rock Desert in northern Nevada; and includes parts of the recently-designated Black Rock wilderness and other new wilderness areas. 

Soldier Meadows also has numerous springs and streams occupied by endangered fish species, including the Lahontan cutthroat trout and desert dace. 

The US Forest Service and BLM each authorize dozens of irrigation diversions on public lands in the Upper Salmon basin of Idaho, which is critical habitat for threatened salmon, steelhead and bull trout.  These public lands diversions often are crude devices, lacking fish screens; and they harm the fish by dewatering streams, obstructing fish migration, and "entraining" fish into irrigation ditches. 

Files: 

WWP v. Matejko, 9th decision

We represent conservationist water right holders in the Snake River Basin Adjudication, who are objecting to 294 water right claims for "flood flows" (or "high flows") by irrigators in the Lemhi River watershed. 

We represent a coalition of national and state groups -- including Wild Earth Guardians, National Audubon Society, Sierra Club, and New Mexico Audubon -- in this long-standing litigation over the impacts of the federal Middle Rio Grande water project on the endangered Rio Grande silvery minnow.

Endangered Species Act citizen suit against Judd Whitworth and Sulphur Creek Livestock for unlawful "take" of threatened bull trout through operation of unscreened public lands diversion on Mahogany Creek, tributary to upper Pahsimeroi River.

Our experts showed that the Mahogany Creek diversion would likely "take" bull trout through entrainment into the unscreened ditch, which continued for miles as a livestock water trough; and because the crude rock-and-tarp diversion completely obstructed and dewatered the stream, thus preventing fish passage.

Endangered Species Act citizen suit against Jim Bennetts for unlawful "take" of threatened salmon, steelhead, and bull trout associated with his unscreened public lands diversions on Herd Creek and Lake Creek (East Fork Salmon River watershed), and because of livestock damage to critical habitat on his base property.