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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
SUBJECT: Authorize City Attorney to file a brief before the 9th Circuit Court of Appeals as Amicus Curiae in support of the United States Forest Service
and other defendants in Alliance for the Wild Rockies et al v. United
States Forest Service et al. (Bozeman Municipal Watershed Project)
(Sullivan, City Attorney)
MEETING DATE: June 2, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Attorney to file an Amicus Curiae brief before
the 9th Circuit Court of Appeals in the litigation surrounding the Bozeman Municipal Watershed (BMW) project.
BACKGROUND:
On April 10, 2012, the Alliance for the Wild Rockies (AWR) and Native Ecosystems Council
filed suit against the USFS seeking injunctive and declaratory relief against the BMW project.
For information about the BMW project generally, the Forest Service’s Environmental Impact
Statement, and the Record of Decision on the BWM project please see: http://www.fs.usda.gov/detail/gallatin/landmanagement/projects?cid=stelprdb5137390
Last September, the Commission authorized me to file a brief before the federal district court for
the district of Montana. My office did so. The City’s brief before the district court can be viewed
here.
On June 25, 2013, Judge Dana Christiansen issued an order enjoining the Forest Service from proceeding with the BMW Project. That order can be reviewed here.
The Forest Service has filed a notice of appeal with the 9th Circuit. Should the Commission
authorize my office to file a brief we will do so. As of the date of this memorandum, the brief has
not been prepared and will most likely not be prepared before you are to decide upon this authorization. The City’s brief is due the second week of June.
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The brief before the 9th Circuit will be similar to what was filed last fall with the federal district
court and will address the harms to the City from the injunction should the BMW project not
move forward.
For more on the BMW project and the litigation please see my memorandum from September 17, 2012.
UNRESOLVED ISSUES: The brief has not been developed. Approval of the motion will
direct the City Attorney’s Office to begin preparing and writing the brief. The brief will be filed
without returning to the Commission for approval. A copy of the brief will be made available to
the public.
ALTERNATIVES: None suggested.
FISCAL EFFECTS: The motion and briefing will be conducted in-house. No additional
resources other than filing fees and staff time will be required at this time.
Report compiled on: May 21, 2014
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