14—Cold Mountain Cold Rivers Complaint
definitions in the EA and BO consistently define the area analyzed for the project’s direct and
cumulative effects, and consistently define the “Horse Butte Area.”
Such actions therefore
constitute violations of the ESA.
To the best of Plaintiffs’ knowledge and belief, Defendants have failed to consult
regarding the effects of the project on the threatened Canada Lynx, which was listed as “threatened
under the Endangered Species Act in 2000.
COUNT TWO—NATIONAL ENVIRONMENTAL POLICY ACT
The preceding paragraphs are hereby realleged as though set forth in full hereunder.
The Federal Defendants failed to take the requisite hard look at impacts on
threatened species as required by
the National Environmental Policy Act (NEPA),
§ 4332 (20)(E); See also Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350,
109 S.Ct. 1835, 1843 (1989);see also Muckleshoot Indian Tribe v. United States Forest Serv.,
177 F.3d 800, 814 (9thCir. 1999). The environmental analysis in this case is fundamentally
flawed, because it fails to address all of the impacts associated with the operation of the Horse
Butte Bison Capture facility, including the direct and cumulative impacts of this project that is
authorized for ten (10) years. The use of helicopters or other aircraft for hazing was never
addressed in the EA, and the current extent and use of snowmobiles in the eagle closure areas was
not adequately analyzed. Further, there has been no analysis for Canada Lynx, which have since
been listed as threatened pursuant to the Endangered Species Act.
COUNT THREE—MIGRATORY BIRD TREATY ACT
The preceding paragraphs are hereby realleged as if set forth in full hereunder.
The Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703 et seq. and 50 C.F.R. §
10.12-13, prohibits the “taking” of migratory birds. The trumpeter swan is a migratory bird
protected by the MBTA pursuant to 50 C.F.R. § 10.13. Defendants actions, particularly the use of
helicopters, have directly negatively impacted trumpeter swans and their habitat and resulted in the
‘take” of trumpeter swans.
