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League of Wilderness Defenders v. U.S. Forest Service.

Country/Territory
United States of America
Type of court
National - higher court
Date
Jul 30, 2012
Source
UNEP, InforMEA
Court name
United States Court of Appeal for the Ninth Circuit
Judge
Bybee, J.S.
Fletcher, W.A.
Fisher, R.C.
Reference number
No. 11-35451
Language
English
Subject
Wild species & ecosystems, Forestry
Keyword
Ecosystem preservation Recreational forest Protection of habitats Protected plant species Protected animal species Protected fish species Forestry protection measures Forest management/forest conservation Social forestry/community forestry Forest service/forest officers Protection of species Recreational water use
Abstract
This case involves an Experimental Forest Thinning, Fuels Reduction, and Research Project (the Project) in the Deschutes National Forest in the eastern Cascades of central Oregon. The Project allows logging and controlled burning on roughly 2,500 acres of the Pringle Falls Experimental Forest. The purpose of the Project is two-fold: to reduce the risk of wildfire and beetle infestation, and to conduct research on ponderosa pine forest management. The League of Wilderness Defenders–Blue Mountains Biodiversity Project (the League) filed suit against the U.S. Forest Service (the Service) and Service officials, alleging that the Agency's environmental impact statement (EIS) for the Project fails to comply with the National Environmental Policy Act (NEPA"). The district court granted summary judgment to the Service, relying in part on the fact that the Project involves research in an experimental forest. The Appeals court affirmed. In affirming the district court ruling, the Appeals Court concluded, "The Service proposes a forest management research project in an experimental forest specifically set aside for such study. The EIS considers in detail a reasonable range of alternatives that would fulfill both of the Project's goals by reducing the risk of wildfire and beetle infestation, and by addressing six specified research objectives. The EIS is adequately supported by scientific data and takes a hard look at the significant impacts of the Project."
Full text
COU-159392.pdf